INDEX  TO  CITY  CHARTER. 

A 

ACTIONS.  Page.  Sec. 

To  recover  penalty,  etc.,  brought  how 37  6 

ADDITIONS. 

May  be  made  to  city,  how 2 5 

Must  be  approved  by  city  council 2 5 

APPEALS. 

How  and  when  taken  (see  State  Law  1907) 7 9 

In  condemnation  proceedings 26  8 

B 

BILLIARD  TABLES. 

Power  of  council  over 39  3 

BONDS. 

Payment  of,  provided  for 16  3 

Burned,  when 19  10 

When  issued;  time  to  run;  rate  of  interest 22  18 

To  be  registered 22  18 

C 

CHARTER. 

Enactment  of,  not  to  invalidate  certain  prior  acts 37  10 

A public  act,  evidence  in  all  courts  of  the  state 38  12 

May  be  altered  at  any  time  by  General  Assembly 38  13 

Promulgated,  how 38  14 

Other  and  inconsistent  acts  repealed 38  15 

Take  effect  when 38  16 

Repeal  of  acts  inconsistent  with  amendment  of  1873 39  7 

Act  of  1873  to  take  effect,  when 40  8 

Repeal  of  acts  inconsistent  with  amendment  of  1874 40  3 

Act  of  1874  to  take  effect,  when 40  4 

CHILLICOTHE. 

City  of,  boundaries 1 2 

Inhabitants  of  declared  a corporation 2 3 

Name  and  style  of 2 3 

General  rights  and  powers  as  a corporation 2 3 

Divided  into  not  less  than  four  wards 2 4 

Municipal  government  of;  consists  of  whom 3 1 

Shall  not  subscribe  for  stock  in  corporation  unless,  when.  23  19 

Inhabitants  of,  not  disqualified  as  judge,  witness 38  11 

CITY  ATTORNEY. 

Office  of,  appointment;  term  of  office 7 7 

Duties  of 8 10 

Compensation  of 8 11 

CITY  ASSESSOR. 

Duties  and  powers  of 16  1 

CITY  AUDITOR. 

Office  of,  appointment,  term  of  office 7 7 

General  duties  of 9 14 

Duty  of  regarding  bonds  and  coupons 19  10 

May  draw  warrants,  only  when 19  11 

Shall  have  free  access  to  treasurer’s  books,  etc 20  14 

Penalty  for  violation  of  duty 20  14 

Appeal  from  decision  of 20  15 

Shall  not  speculate  in  city  bonds 20  15 

Books  of  open  to  inspection 20  15 


y 

CITY  CLERK. 

Office  of,  appointment,  term  of  office 7 7 

General  duties  of 7 8 

CITY  ENGINEER. 

Office  of,  appointment,  term  of  office 7 7 

Duties  of 9 13 

CITY  MARSHAL. 

Election  of,  under  old  charter,  term  of  office 5 20 

General  powers  and  duties  of 8 12 

Conservator  of  the  peace,  power  to  make  arrests 37  9 

Ex-officio  street  commissioner,  powers,  duties 39  5 

Appointment  of  under  charter  amendment  of  1874 40  2 

Term  of  office,  removal  of,  how 40  2 

CITY  PHYSICIAN. 

Appointment  of 10  1 

CITY  RECORDER. 

Powers  and  jurisdiction  of 7 9 

Appeals  from  decision  of,  how  taken 7 9 

Removal  of  from  office;  fees  how  fixed  and  taxed 7 9 

May  set  aside  finding  of  jury  in  condemnation  proceedings 

when 25  4 

Duty  of,  in  case  verdict  be  not  set  aside 25  5 

Has  authority  to  agree  with  property  owners,  when ...  25  6 

Shall  be  the  city  clerk,  powers  and  duties  as  such 39  4 

CITY  TREASURER. 

Office  of,  appointment,  term  of  office 7 7 

General  duties  of 9 15 

Custodian  of  city  funds 19  10 

Disbursements,  made  how,  exception 19  10 

Shall  pay  warrants,  only  when 19  11 

Shall  have  free  access  to  auditor’s  books,  etc 20  14 

Penalty  for  violation  of  duty 20  14 

Shall  not  speculate  in  city  bonds,  etc 20  15 

Books  of  open  to  inspection 20  16 

Ex-officio  tax  collector,  liabilities  as  such,  etc 39  6 v 

COUNCIL. 

Legislative  powers  of,  pages  10  to  15,  inclusive. 

Special  meetings  of,  how  called 6 3 

Twelve  stated  meetings  of,  when  and  where  held 4 19 

Shall  keep  a journal;  yeas  and  nays  demanded,  when..  4 14 

Power  of,  to  determine  its  rules,  punish  and  expel  mem- 
bers  4 13 

May  compel  the  attendance  of  absent  members 4 12 

A majority  a quorum  to  do  business 4 12 

Shall  determine  all  contested  elections 4 11 

Judge  of,  qualifications,  elections  and  returns  of  mem- 
bers of 4 11 

May  try  Mayor  and  remove  him  from  office,  when 4 7 

D 

DEFAULTER. 

Who  considered,  not  eligible  to  city  office 5 24 

DOGS. 

Subjects  of  taxation 17  5 


E 

ELECTION. 

Under  old  charter,  time  of 5 21 

Manner  of,  same  as  state  elections 5 25 

Under  amendment  of  1873 38  1 

Under  amendment  of  1874 40  1 

Under  amendment  of  1903 40  1 

ELECTORS. 

Qualifications  of,  under  old  charter 5 26 

Qualifications  of,  under  charter  amendment  of  1873....  39  2 

F 

FISCAL  YEAR. 

What  constitutes 1 16  3 

FIRE  DEPARTMENT. 

Fire  limits,  fixed  by  council 34  1 

Power  of  council  relative  thereto 34  2 

Apparatus,  * chief,  firemen,  secured  how 35  3 

Firemen  exempt  from  poll  tax  and  jury  service 35  4 

Engineer  and  assistant  of  fire  department,  appointed ...  10  1 

FINANCES. 

Control  of  by  council 10  2 

FINANCIAL  STATEMENT. 

Published  when;  shall  contain  what 23  20 

G 

GENERAL  ASSEMBLY. 

Power  of  over  city  charter 38  13 

H 

HEALTPI,  PUBLIC. 

Health,  officer,  appointment  and  qualifications 29  1 

Board  of,  members 29  2 

Members  of,  how  appointed,  vacancies,  how  filled 30  3 

Board  of  health,  powers  and  jurisdiction  of,  Secs.  4,  5, 

I 6,  7,  8. 

Board  of  health,  general  duties  of,  Secs.  9,  10,  11,  12. 

Penalties  for  disobeying  orders  of  board 32  13 

Practicing  physicians  must  make  what  reports  to  board. . 32  15 

Penalty  for  neglect  of  physician  to  make  reports 33  16 

Salary  and  expenses  of  board 33  17 

Council  may  define  further  duties  of  board 33  18 

Magistrates,  officers  and  citizens  to  aid  board  in  discharge 

of  duties 33  19 

I 

INDEBTEDNESS. 

Of  the  city,  limit  of 23  18 

J 

JUROR. 

Who  not  competent  as 38  11 

JURY. 

Shall  ascertain  damages  in  condemnation  proceedings...  24  1 

Qualifications  of  in  such  cases 24  1 

L 

LAMPS. 

Districts,  how  formed;  tax  to  support 16  4 

Erection  of.  . .'  H 2 


6 


LAWS. 

Of  the  State,  enforced  by  Mayor,  when 


LICENSES. 

Council  has  power  over 39 

LIEN. 

Of  taxes,  general  and  special 18 


M 

MAYOR. 

Chief  executive  officer  of  city 

How  elected,  term  of  office 

Who  eligible  to  office  of 

Tie  vote  for,  certified  to  city  council 

Election  of  contested,  determined  how 

Guilty  of  omission  of  duty,  oppression  of  office,  etc., 

punished  how 

Vacancy  in  office  of,  filled  how 

Duties  of Secs.  1,  2,  3,  4,  5,  6,  7. 

Powers  of 


3 

4 

4 


N 

NUISANCES. 

Power  of  council  to  define  and  debate 10 

Certain  buildings  may  be  declared  to  be 34 

Powers  of  board  of  health  to  abate 31 


O 


OFFICE. 

Elective;  vacancy  in;  how  filled 


10 


OFFICERS. 

Elected  or  appointed  under  charter;  term  of 5 

Elective;  vacancies;  how  filled 5 

To  be  commissioned  by  mayor,  shall  take  oath 9 

Public  conservators  of  the  peace;  power  to  make  arrests, 
etc 37 


ORDINANCES. 

Style  of 36 

Certain  ordinances  to  be  published  in  official  newspaper. . 36 

Proof  of  publication  of  ordinance,  how  made 36 

Take  effect  from  what  time 36 

Published,  when  and  in  what  form 36 

How  pleaded 37 

Remain  in  force,  how  long 37 

Actions  under,  brought  in  corporate  name  and  how....  37 
Prosecutions  for  violations  of,  by  summons,  unless  when.  37 
For  violation  of,  warrant  shall  issue,  when 37 

i 

P 

PRIVATE  PROPERTY. 

Taken  for  public  use,  how 24 

Procedure  to  ascertain  damages 24 

Duty  of  jury  in  case  of 25 

Judgments  against  city  on  account  of  damages  to,  force 

and  effect  of 26 

Relinquished  by  owners  to  city,  how 25 

Appeals  may  be  taken  in  condemnation  proceedings,  when 
and  how 26 


5 


PROPERTY.  PUBLIC. 

Control  and  management  of 10  2 

PUBLIC  IMPROVEMENTS. 

Let  by  contract,  manner  of 21  17 

Contracts  for  same  in  triplicate,  deposited  where 21  17 

S. 

SEWERS. 

General  system  of  established,  classes  of 27  10 

Classes  of,  defined 27  11 

Public,  constructed  along  what  courses 27  12 

District,  constructed  within  what  limits 27  13 

Property  owners  may  petition  for 27  13 

Constructed,  how 27  13 

Private,  may  be  connected  how 27  13 

Shall  not  run  diagonally  through  private  property 27  13 

SIDEWALKS. 

Assessment  for,  when  and  how  made 18  7 

STREETS. 

Grades  of,  hQW  established 26  9 

Power  of  council  over 11  2 

STREET  COMMISSIONER. 

Marshal  shall  be 39  5 

Council  has  power  to  appoint 10  1 

T 

TAXATION. 

Rate  of 16  2 

General  and  special  taxes  a lien  on  property 18  8 

W. 

WARDS. 

City  divided  into  not  less  than  four 2 4 

WARRANTS. 

Shall  issue  when 37  7-8 

WATER. 

Provided  for,  how 11  2 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/revisedordinanceOOchil 


REVISED  ORDINANCES 


OF  THE 

CITY  OF  CHILLICOTHE, 
MISSOURI. 


EMBRACING 


All  Ordinances  of  General  Interest  in  Force  May  7,  1909, 
to  Which  is  Prefixed  the  City  Charter;  Also  List 
of  City  Officials  and  City  Officers. 


COMPILED,  REVISED,  NUMBERED  AND  PUBLISHED 
BY  AUTHORITY  OF  THE  MAYOR  AND 
CITY  COUNCIL  OF  THE  CITY  OF 
CHILLICOTHE 


BY 


Baldwin  B.  Gill,  City  Attorney. 
Forrest  M.  Gill,  Assistant  Attorney. 


CITY  OFFICIALS. 


\V 


1519 

C j/r*' 

, ml 


. 

C.  F.  Adams .Mayor 

Stephen  Hawkins Councilman-at-large 

Joseph  Batta Councilman  First  Ward 

' A.  B.  Macdonald Councilman  Second  V/ard 

Frank  Pierson Councilman  Third  Ward 

J.  H.  Mansur Councilman  Fourth  Ward 

CITY  OFFICERS. 

Halsey  I.  Spence City  Clerk 

B.  B.  Gill City  Attorney 

Maurice  Dorney City  Constable 

Martin  Crill Police  Judge 

Wm.  Scruby Collector  and  Treasurer 

Buel  Wigely City  Auditor 

John  W.  Toppass City  Assessor 

Joe  Broaddus.  . . .City  Engineer  and 

Ex-officio  Street  Commissioner 

HEALTH  DEPARTMENT. 

Dr.  A.  J.  Simpson Health  Officer 

Dr.  William  Girdner Secretary 

FIRE  DEPARTMENT. 

rv 

R.  W.  Strehlow Chief 

Harry  E.  Pringle Assistant  Chief 

Robert  Black Chief  Driver 

Harve  White ' Assistant  Driver 


98025o 


CITY  CHARTER. 


AN  ACT 

To  Amend  an  Act  Entitled,  “An  Act  to  Incorporate  the  City 
of  Chillicothe,”  Approved  March  1,  1855,  and  the 
Acts  Amendatory  Thereto. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis- 
souri, as  follows: 

ARTICLE  I. 

INCORPORATION— OF  BOUNDARIES,  GENERAL  POWERS  AND 
THE  DIVISION  OF  WARDS. 

Section 

1.  All  Previous  Acts  Amended. 

2.  Boundaries  of  the  City. 

3.  General  Powers. 

4.  Number  of  Wards  and  Boundaries. 

5.  Additions  to  the  City. 

Section  1.  That  the  act  incorporating  the  city  of  Chilli- 
cothe and  the  acts  amendatory  thereto,  be,  and  the  same  are 
hereby  amended  as  follows: 

Sec.  2.  All  that  district  of  country  in  Livingston  county 
and  State  of  Missouri,  contained  in  the  following  limits  to- 
wit:  Beginning  eight  hundred  and  seventy-two  (872)  feet 

north  of  the  (s.  e.)  southeast  corner  of  the  (s.  e.)  southeast 
one-fourth  of  the  (n.  e.)  northeast  one-fourth  of  section 
thirty-six  (36),  township  fifty-eight  (58),  range  twenty-four 
(24),  in  the  range  line  dividing  ranges  twenty-three  (23)  and 
twenty-four  (24)  ; thence  south  along  said  range  line  to  the 
southeast  corner  of  the  northeast  quarter  of  section  No.  one 
(1),  township  fifty-seven  (57),  range  twenty-four  (24); 
thence  west  along  the  quarter  section  line  to  the  southwest 
corner  of  the  southeast  one-fourth  ( % ) of  the  northwest  one- 
fourth  (34)  of  section  two  (2),  township  fifty-seven  (57), 
range  twenty-four  (24)  ; thence  north  along  the  quarter  sec- 
tion line  to  a point  eight  hundred  and  seventy-two  (872)  feet 
north  of  the  southwest  corner  of  the  southeast  quarter  (*4)> 
of  the  northeast  quarter  (J4)<  °f  section  thirty-five  (35), 


2 


City  Charter 


township  fifty-eight  (58),  range  twenty-four  (24)  ; thence 
east  to  the  place  of  beginning. 

Sec.  3.  The  inhabitants  of  the  city  of  Chillicothe  as  the 
same  is  defined  by  the  provisions  of  section  two  (2)  of  this 
article,  shall  be  and  they  and  their  successors  forever  are 
hereby  constituted  a corporation  and  body  politic,  in  fact  and 
in  law,  by  the  name  and  style  of  the  city  of  Chillicothe,  and 
by  said  name  and  style  shall  have  perpetual  succession,  may 
sue  and  be  sued,  may  plead  and  be  impleaded,  defend  and  be 
defended,  in  all  courts  of  law  and  equity,  and  in  all  actions 
whatsoever;  may  purchase,  receive  and  hold  property,  real, 
personal  and  mixed,  within  said  city,  and  may  also  purchase 
and  hold  real,  personal  and  mixed  property  beyond  the  limits 
of  said  city,  to  be  used  for  the  burial  of  the  dead,  for  the  erec- 
tion of  water  works  to  supply  said  city  with  water,  for  a 
workhouse  or  a house  of  correction,  and  for  such  other  pur- 
poses of  the  corporation  as  may  be  required  within  or  without 
the  limits  aforesaid ; and  may  improve,  sell,  lease  and  dispose 
of  property  for  the  benefit  of  the  city,  and  to  do  all  such 
things  in  relation  thereto  as  natural  persons;  and  may  receive 
bequests,  gifts  and  donations  of  all  kinds  of  property  within 
and  without  the  city  for  charitable  or  other  purposes;  they 
shall  also  have  and  use  a common  seal,  and  may  change  the 
same  or  make  a new  seal  at  pleasure,  and  by  ordinances  duly 
ordained  and  established,  make  all  needful  laws  and  regula- 
tions for  the  government  of  said  city,  not  inconsistent  with 
this  act  or  the  constitution  of  this  State. 

Sec.  4.  The  said  city  shall  be  divided  into  not  less  than 
four  wards,  the  boundaries  of  which  shall  be  fixed  by  city  or- 
dinance, and  shall  be  so  established  that  the  population  of  the 
several  wards  shall  as  near  as  practicable  be  equal. 

Sec.  5.  Additions  may  at  any  time  be  made  to  said  city 
of  lands  adjoining  the  boundaries  thereof,  by  the  owner  or 
owners  making  a plat  of  such  proposed  addition,  and  record- 
ing the  same  in  the  office  of  the  recorder  of  Livingston 
county,  after  the  same  shall  have  been  approved  by  the  city 
council,  which  shall  have  the  power  to  require  that  the  streets, 
avenues,  alleys,  lots  and  blocks  shall  be  so  arranged  as  not  to 
injure  the  symmetry  of  the  city,  or  interfere  with  the  conven- 
ience of  the  public,  and  from  the  time  such  addition  or  addi- 
tions shall  have  been  approved  and  recorded  as  aforesaid, 
they  shall  become  to  all  intents  and  purposes  part  and  parcel 
of  said  city. 


City  Charter 


3 


ARTICLE  II. 

OFFICERS  AND  THEIR  ELECTION. 

Section 

1.  City  Council. 

2.  Chief  Executive. 

3.  Qualifications  of  Mayor. 

4.  Office,  How  Vacated. 

5.  When  Tie  for  Mayor,  How  Disposed  of. 

6.  Office  of  Mayor,  When  Contested  How  Disposed  of. 

7.  Mayor,  How  Removed  for  Malfeasance,  etc, 

8.  Vacancy  in  Mayor’s  Office  How  Filled. 

9.  Qualifications  of  Councilmen. 

10.  Office  of  Councilmen,  llow  Vacated. 

11.  Returns  and  Contests  of  Members. 

12.  Quorum. 

13.  Rules  of  Proceedings,  With  Power  to  Expel  Members. 

14.  Journal  of  Proceedings  to  Be  Kept. 

15.  Councilmen  Not  to  Be  Appointed  to  City  Office. 

16.  Vacancies,  How  Filled. 

17.  Mayor  and  Councilmen  to  Take  Oath. 

18.  Tie  Vote  for  Councilmen,  How  Disposed  of. 

19.  Stated  Meetings. 

20.  City  Marshal. 

21.  Elections,  When;  Election  Districts;  Notice,  How  Given. 

22.  Officers  to  Hold  Till  When. 

23.  Vacancy  in  Elective  Offices  to  Be  Filled  by  Election. 

24.  Who  Disqualified  to  Hold  Office. 

25.  Elections,  How  Conducted. 

26.  Voters,  Who,  and  Residence  Defined. 

Section  1.  The  municipal  government  of  the  city  shall 
consist  of  a city  council,  composed  of  a mayor  and  one  coun- 
cilman from  each  ward,  and  one  councilman  from  the  city  at 
large,  who,  in  the  absence  of  the  mayor,  shall  for  the  time  be- 
ing discharge  the  duties  of  that  office. 

Sec.  2.  The  chief  executive  officer  of  the  city  shall  be  a 
mayor  who  shall  be  elected  by  the  qualified  voters  of  the  city, 
and  shall  hold  his  office  for  one  year,  and  until  his  successor 
shall  be  elected  and  qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of 
mayor  who  is  not  a citizen  of  the  United  States,  of  the  State 
of  Missouri,  and  has  not  resided  in  the  city  one  year  next  pre- 
ceding his  election,  who  is  not  an  owner  of  real  estate  in  said 
city,  or  who  holds  any  office  of  trust  or  profit  either  under  the 
United  States  or  State  of  Missouri. 

Sec.  4.  If  any  mayor  shall,  during  his  term  of  office, 
remove  from  the  city,  his  office  shall  be  vacated. 

Sec.  5.  When  two  or  more  persons  receive  an  equal 
number  of  votes  for  mayor,  the  judges  of  election  shall  cer- 
tify the  same  to  the  council,  who  shall  order  a new  election. 

Sec.  6.  Whenever  an  election  of  mayor  is  contested, 
the  council  shall  determine  the  same  by  vote. 


4 


City  Charter 


Sec.  7.  In  case  the  mayor  shall  at  any  time  be  guilty  of 
an  omission  of  duty,  or  shall  be  guilty  of  an  oppression,  mal- 
conduct  or  partiality  in  the  discharge  of  the  duties  of  his  office 
he  shall  be  tried  before  the  city  council,  and  if  found  guilty, 
be  removed  from  office  by  a two-thirds  vote  of  the  members 
of  the  said  city  council. 

Sec.  8.  Whenever  any  vacancy  shall  occur  in  the  office 
of  mayor  by  death,  resignation,  removal  from  the  city,  re- 
moval from  office,  refusal  to  qualify,  or  otherwise,  the  same 
shall  be  filled  by  an  election,  held  in  such  manner  as  shall  be 
prescribed  by  ordinance. 

Sec.  9.  The  qualifications  for  councilman  shall  be  the 
same  as  those  prescribed  for  mayor. 

Sec.  10.  If  any  councilman  shall  after  his  election  re- 
move from  the  ward  for  which  he  was  elected,  his  office  shall 
thereby  be  vacated. 

Sec.  11.  The  city  council  shall  judge  of  the  qualifica- 
tions, elections  and  returns  of  their  own  members,  and  shall 
determine  all  contested  elections. 

Sec.  12.  A majority  of  the  city  council  shall  consti- 
tute a quorum  to  do  business,  but  a smaller  number  may  ad- 
journ from  day  to  day,  and  compel  the  attendance  of  absent 
members  under  such  penalties  as  shall  be  prescribed  by  or- 
dinance. 

Sec.  13.  The  city  council  shall  have  power  to  determine 
the  rules  of  its  proceedings,  punish  its  members  for  disorderly 
conduct,  and  with  the  concurrence  of  two-third  of  the  mem- 
bers elected,  expel  a member. 

Sec.  14.  The  city  council  shall  keep  a journal  of  its 
proceedings;  and  the  yeas  and  nays,  when  demanded  by  any 
member  present,  shall  be  entered  on  the  journal. 

Sec.  15.  No  councilman  shall  be  appointed  to  any  office 
under  authority  of  the  city. 

Sec.  16.  All  vacancies  that  occur  in  the  board  of  coun- 
cilmen  shall  be  filled  by  elections. 

Sec.  17.  The  mayor  and  each  councilman,  before  enter- 
ing on  the  duties  of  their  office,  shall  take  and  subscribe  the 
oath  required  of  all  civil  officers  by  the  constitution  and  laws 
of  this  State. 

Sec.  18.  Whenever  there  is  a tie  in  the  vote  for  coun.- 
cilmen,  the  judges  of  election  shall  certify  the  same  to  the 
mayor,  who  shall  order  a new  election  immediately. 

Sec.  19.  There  shall  be  twelve  stated  meetings  of  the 


City  Charter 


D 


city  council  in  each  year;  at  such  times  and  places  as  may  be 
prescribed  by  ordinance. 

Sec.  20.  There  shall  be  a city  marshal  who  shall  be 
elected  by  the  qualified  voters  of  the  city  at  the  same  time  as 
the  mayor  and  councilmen,  who  shall  hold  his  office  for  the 
term  of  one  year  and  until  his  successor  shall  be  duly  elected 
and  qualified. 

Sec.  21.  There  shall  be  an  annual  election  held  in  said 
city  on  the  first  Tuesday  after  the  first  Monday  in  April  each 
year,  for  the  purpose  of  electing  a mayor,  a councilman  from 
each  ward,  a councilman  at  large  and  a city  marshal,  which 
said  election  shall  be  governed  in  all  respects  as  far  as  practi- 
cable, by  the  general  election  laws  of  this  State,  and  the  city 
council  may  establish  by  ordinance  as  many  election  districts 
and  places  of  voting  at  said  election  as  they  may  deem  neces- 
sary; they  shall  appoint  the  clerks  and  judges  for  said  elec- 
tion; they  shall  also  give  at  least  fourteen  (14)  days’  notice  of 
any  election,  by  publication  in  some  newspaper  published  in 
said  city. 

Sec.  22.  All  officers,  elected  or  appointed  under  the 
provisions  of  this  charter,  shall  hold  their  offices  until  their 
successors  shall  be  duly  elected  or  appointed  and  qualified  ac- 
cording to  law. 

Sec.  23.  Whenever  any  vacancy  shall  happen  by  the 
death,  removal,  resignation  or  otherwise  of  any  officer,  elected 
by  the  people,  such  vacancy  shall  be  filled  by  a new  election, 
and  the  city  council  shall  order  such  new  election  within  ten 
days  after  the  occurrence  of  such  a vacancy  and  in  such  man- 
ner as  may  be  prescribed  by  ordinance. 

Sec.  24.  No  person  shall  be  eligible  to  any  office  or 
place  under  this  act  or  any  other  act  in  relation  to  said  city, 
who  is  now,  or  may  hereafter  be  a defaulter  to  said  city,  or  to 
the  State  of  Missouri,  or  to  any  city  or  county  thereof,  and 
^ any  person  shall  be  considered  a defaulter  who  has  refused  or 
neglected,  or  may  hereafter  refuse  or  neglect  for  thirty  days 
after  demand  made,  to  account  for  and  to  pay  over  to  the 
party  authorized  to  receive  the  same  any  public  money  which 
may  have  come  into  his  possession,  and  if  any  person  holding 
any  such  office  or  place  shall  become  a defaulter  whilst  in  of- 
fice, the  office  or  place  shall  thereupon  become  vacant. 

Sec.  25.  The  manner  of  conducting  and  voting  at  elec- 
tions to  be  held  under  this  act,  the  keeping  of  the  poll  lists, 
canvassing  of  the  votes  and  certifying  the  returns,  shall  be  the 


6 


City  Charter 


same,  as  nearly  as  may  be,  as  is  now  or  may  be  hereafter  pro- 
vided by  law  at  general  State  elections,  provided  the  city 
council  shall  have  power  to  regulate  elections. 

Sec.  26.  No  person  shall  be  entitled  to  vote  at  any  elec- 
tion under  this  act,  who  is  not  entitled  to  vote  at  State  elec- 
tions; he  shall  moreover  be  an  actual  resident  or  the  ward  for 
which  he  votes,  provided  that  the  voter  shall  be  deemed  a resi- 
dent of  the  ward  in  which  he  is  accustomed  to  lodge,  or  has 
lodged  for  ten  days  next  preceding  the  election  at  which  he 
votes. 


ARTICLE  III. 

DUTIES  OF  OFFICERS. 

Section 

1.  Powers  of  Acting  Mayor. 

2.  Councilmen — Conservators  of  the  Peace. 

3.  Special  Meetings — How  Called. 

4.  Mayor,  Power  and  Duties  of. 

5.  To  Sign  Commissions. 

6.  May  Require  Accounts  to  Be  Exhibited. 

7.  Officers  Appointed — By  Whom. 

8.  City  Clerk,  Duties  of. 

9.  City  Recorder,  Jurisdiction  of. 

10.  City  Attorney,  Duties  of. 

11.  Compensation  of  City  Attorney. 

12.  City  Marshal,  Power  and  Duties  of. 

13.  City  Engineer,  Duties  of. 

14.  City  Auditor,  Duties  of. 

15.  City  Treasurer,  Duties  of. 

16.  Officers  How  Commissioned,  Oath  Required  of  Them. 

17.  Vacancies,  How  Provided  For. 

Section  1.  The  mayor  shall  preside  at  all  meetings  of 
the  city  council  and  shall  have  a casting  vote  and  no  other. 
In  case  of  a vacancy  in  the  office  of  mayor,  or  his  being  un- 
able to  perform  the  duties  of  his  office,  by  reason  of  tempo- 
rary or  continued  absence,  or  sickness,  the  councilman  at  large 
shall  be  vested  with  all  the  powers  and  perform  all  the  duties 
of  mayor  until  the  mayor  shall  resume  his  office,  or  the  va- 
cancy be  filled  by  a new  election. 

Sec.  2.  The  members  of  the  city  council  shall  be  fire 
wardens  and  conservators  of  the  peace,  and  shall  be  exempt 
from  jury  duty  during  their  terms  of  office. 

Sec.  3.  The  mayor  or  any  two  councilmen  may  call 
special  meetings  of  the  city  council. 

Sec.  4.  The  mayor  shall  take  care  that  the  laws  of  the 
State  and  the  ordinances  of  the  city  are  duly  enforced,  re- 
spected and  observed  within  the  city,  he  may  upon  good  cause 
shown,  and  by  and  with  the  consent  of  the  city  council,  remit 


City  Charter 


7 


fines,  forfeitures  and  penalties,  accruing  from,  or  imposed  for 
a violation  of  any  city  ordinance;  he  shall  have  power  to  nomi- 
nate and  by  and  with  the  consent  of  the  city  council,  to  ap- 
point all  city  officers,  not  ordered  by  this  act  to  be  elected  by 
the  people,  or  otherwise  appointed;  also  to  suspend,  and  by 
and  with  the  consent  of  the  city  council  to  remove  any  city 
officer  except  those  elected  by  the  people ; he  may  fill  any  va- 
cancy which  may  occur  in  any  elective  office  until  the  same  be 
filled  by  election  as  herein  provided;  he  shall  from  time  to 
time  give  the  city  council  information  relative  to  the  state  of 
the  city,  and  shall  recommend  to  their  consideration  such 
measures  as  he  shall  deem  expedient  for  the  advantage  of  the 
city. 

Sec.  5.  The  mayor  shall  sign  the  appointment  or  com- 
mission of  every  officer,  elected  or  appointed,  in  the  city  gov- 
ernment. 

Sec.  6.  That  he  shall  have  power,  when  he  deems  it  nec- 
essary, to  require  any  officer  of  the  city  to  exhibit  his  ac- 
counts or  other  papers,  and  make  report  in  writing,  touching 
any  subject  or  matter  he  may  require  pertaining  to  his  office. 

Sec.  7.  There  shall  be  a city  clerk,  city  attorney,  city 
engineer,  city  auditor  and  city  treasurer,  who  shall  be  ap- 
pointed by  the  mayor  and  city  council,  to  hold  their  offices 
one  year,  and  until  their  successors  are  duly  appointed  and 
qualified;  who  shall  in  addition  to  the  duties  prescribed  by 
this  act,  perform  such  other  duties  as  may  be  prescribed  by 
ordinance;  there  shall  also  be  such  other  officers,  servants, 
and  other  agents  of  the  corporation  as  may  be  provided  for 
by  ordinance,  not  in  conflict  with  the  provisions  of  this  act,  to 
*be  appointed  by  the  mayor,  by  and  with  the  consent  of  the 
city  council. 

Sec.  8.  It  shall  be  the  duty  of  the  city  clerk  to  attend  all 
the  meetings  of  the  city  council,  to  keep  a true  record  of  its 
proceedings,  also  to  keep  a record  of  all  the  official  acts  of  the 
mayor,  and  when  necessary  to  attest  them;  he  shall  keep  and 
preserve  in  his  office  the  corporate  seal  of  the  city,  and  all 
records,  public  papers  and  documents  of  the  city,  not  prop- 
erly belonging  to  any  other  office;  he  shall  be  authorized  to 
administer  oaths;  copies  of  all  papers  filed  in  this  office  and 
transcripts  from  the  records  of  the  proceedings  of  the  city 
council,  duly  certified  by  him,  under  the  corporate  seal,  shall 
be  taken  as  evidence  in  all  courts  in  this  State. 

Sec.  9.  The  city  recorder  shall  have  the  powers  and 


8 


City  Charter 


jurisdiction  of  a justice  of  the  peace  within  the  limits  of  the 
city,  in  all  matters;  he  shall  have  exclusive  jurisdiction  over 
all  cases  arising  under  any  ordinance  of  the  city,  subject, 
however,  to  an  appeal  in  all  cases  to  the  Livingston  county 
circuit  court  or  court  of  common  pleas;  every  such  appeal  shall 
be  taken  and  granted  in  the  same  manner  as  appeals  from 
justices  of  the  peace  in  civil  cases.  Said  recorder  shall  not  be 
removed  except  by  a two-thirds  majority  of  the  city  council; 
his  fees  shall  be  fixed  by  ordinance,  and  taxed  as  other  costs 
in  the  cause. 

Sec.  10.  The  city  attorney  shall  prosecute  all  violaters 
of  city  ordinances  and  in  appellate  courts  to  all  appeals  in 
cases  originating  before  the  city  recorder;  he  shall  appear  for 
the  city  in  all  courts  of  record  within  this  state  in  any  case 
where  the  city  of  Chillicothe  is  either  party,  plaintiff  or  de- 
fendant, or  a party  in  interest ; he  shall  in  all  cases  be  the  le- 
gal adviser  of  the  city,  and  when  requested  by  any  officer  of 
the  city  or  city  council,  shall  furnish  a written  opinion  upon 
any  legal  question  upon  which  he  or  they  may  require  infor- 
mation in  regard  to  the  duties  of  his  of  their  office. 

Sec.  11.  The  fees  of  the  city  attorney  in  all  cases  pros- 
ecuted before  the  city  recorder  shall  be  fixed  by  ordinance, 
and  taxed  as  other  costs  in  said  cause  by  the  city  recorder ; for 
all  other  legal  services  rendered  the  city  or  its  officers,  a sal- 
ary or  reasonable  fees  shall  be  allowed  by  the  city  council. 

Sec.  12.  The  city  marshal  of  the  city  of  Chillicothe 
when  duly  elected  and  qualified,  shall  have  power  to  execute 
all  writs  or  other  processes  issued  by  the  recorder,  and 
serve  criminal  processes,  warrants  and  subpoenas  any- 
where within  the  limits  of  Livingston  county  for  offenses 
committed  within  the  limits  of  the  corporation,  and  shall  have 
the  same  fees  therefor  as  constables  of  townships;  he  shall  be 
a conservator  of  the  peace,  shall  be  vigilant  and  active  in  the 
suppression  of  riots,  routs  and  disorderly  conduct  in  the  city, 
and  for  this  purpose  may  arrest  suspicious  and  disorderly  per- 
sons within  or  without  the  city,  and  take  them  before  the  re- 
corder for  trial  or  examination  without  process ; he  shall  have 
power  to  commit  persons  to  the  workhouse  or  county  jail,  or 
other  places  of  safe  keeping  until  trial  or  examination  can  be 
had,  and  shall  do  and  perform  all  duties  which  may  be  en- 
joined on  him  by  ordinance  or  resolution  of  the  city  council ; 
he  shall  have  power  to  collect  all  fines,  forfeitures  and  penal- 
ties which  may  accrue  to  the  said  city,  not  otherwise  provided 


City  Charter 


9 


for  by  ordinance,  and  the  performance  of  any  duty  enjoined 
on  him  by  ordinance  or  resolution  of  the  city  council ; he  shall 
be  invested  with  such  power  as  shall  be  conferred  upon  town- 
ship constables  by  the  laws  of  the  State ; he  shall  by  virtue  of 
his  office  be  collector  of  the  taxes  and  revenue  within  the  city, 
and  shall  give  such  bond  or  bonds  and  security  for  the  per- 
formance of  his  duties  as  marshal  and  collector  as  may  be 
prescribed  by  ordinance,  and  shall  make  his  returns  and  pay 
over  to  the  treasurer  all  money  collected  by  him,  as  often  as 
required  by  the  city  council. 

Sec.  13.  The  city  engineer  shall  superintend  the  con- 
struction of  all  public  works  ordered  by  the  city  council,  shall 
make  out  plans,  specifications  and  estimates  therefor,  and  per- 
form surveying  and  engineering  ordered  by  the  city  council. 

Sec.  14.  The  city  auditor  shall  be  the  general  accounting 
officer  for  the  city;  he  shall  audit  all  accounts  and  claims 
against  the  same  under  appropriations  made  by  the  city  coun- 
cil, and  draw  his  warrants  upon  the  treasurer  for  the  amount 
of  such  accounts;  he  shall  keep  true  and  just  accounts  with 
the  city  treasurer,  and  the  different  funds  of  said  city;  he 
shall  extend  all  tax  rolls,  endorse  thereon  his  warrant  to  the 
treasurer,  directing  collection  for  the  same;  he  shall  hand  in 
the  delinquent  tax  lists  of  said  city  and  shall  certify  to  the 
treasurer  the  amount  due  for  such  delinquent  taxes  on  any  lot 
or  lots  upon  application  of  the  owner  thereof  to  pay  the  same ; 
he  shall  take  care  that  the  revenue  laws  of  the  city  are  care- 
fully enforced,  and  shall  discharge  all  such  other  duties  as  may 
be  devolved  upon  him  by  the  ordinances  of  the  city  or  the  pro- 
visions of  this  act,  and  shall  make  all  reports,  estimates  and 
statements  required  of  him  by  the  city  council  in  connection 
with  the  business  of  his  office. 

Sec.  15.  The  city  treasurer  shall  pay  all  warrants  le- 
gally drawn  upon  him  by  the  city  auditor ; he  shall  keep  all 
necessary  books  and  accounts,  and  shall  have  in  charge  all 
moneys,  bonds,  notes,  title-deeds  and  certificates  of  stock  in 
any  corporation,  to  the  stock  of  which  the  city  shall  be  a sub- 
scriber, and  shall  faithfully  discharge  all  other  duties  apper- 
taining to  his  office  that  may  be  devolved  upon  him  by  the  or- 
dinances of  said  city,  or  the  provisions  of  this  act,  and  shall 
make  all  reports  required  of  him  in  connection  with  the  busi- 
ness of  this  office. 

Sec.  16.  All  officers  except  the  mayor  of  said  city  of 
Chillicothe,  elected  or  appointed  nuder  the  provisions  of  this 


10 


City  Charter 


act,  shall  be  commissioned  by  the  mayor,  and  before  entering 
upon  the  discharge  of  their  duties,  shall  take  and  subscribe  the 
oath  required  by  the  thirteenth  section  of  the  second  article 
of  the  constitution  of  this  State,  which  said  oath  shall  be  en- 
dorsed on  said  officer’s  commission. 

Sec.  17.  In  case  of  vacancy  in  any  elective  office  by 
death,  resignation,  removal  from  office,  or  otherwise,  the 
mayor  shall,  within  ten  days  after  such  vacancy  shall  occur, 
cause  a special  election  to  be  held  to  fill  such  vacancy,  giving 
five  days’  notice  of  such  election,  by  proclamation;  provided, 
that  if  such  vacancy  shall  occur  within  three  months  of  the 
next  general  city  election,  no  such  special  election  shall  be 
held,  but  the  person  appointed  by  the  mayor  shall  continue  to 
discharge  the  duties  of  such  office,  and  receive  compensation 
therefor. 

ARTICLE  IV. 

LEGISLATIVE  POWERS  OF  THE  CITY  COUNCIL. 

Section 

1.  Officers  to  Be  Appointed — Public  Newspaper. 

2.  Legislative  Powers  Enumerated. 

Section  1.  The  city  council  shall  have  power  to  appoint 
a recorder,  a city  clerk,  city  treasurer,  city  engineer,  city  at- 
torney, city  physician,  street  commissioner,  auditor,  a chief, 
and  assistant  engineer  of  the  fire  department,  and  all  such 
other  officers  as  they  may  deem  necessary;  and  shall  also 


shall  be  published  all  ordinances  and  other  matters  required 
in  any  case  by  this  act. 

Sec.  2.  The  city  council  shall  have  the  management  and 
control  of  the  finances,  and  all  property,  real,  personal  and 
mixed,  belonging  to  the  corporation,  and  shall  likewise  have 
power  within  the  jurisdiction  of  the  city,  by  ordinance : 

First , To  borrow  money  on  the  credit  of  the  city,  and 
issue  the  bonds  of  the  city  therefor  subject  to  the  restrictions 
in  this  article  prescribed. 

Second,  To  appropriate  money,  and  provide  for  the 
payments  of  the  debts  and  expenses  of  the  city. 

Third.  To  make  regulations  to  prevent  the  introduction 
of  contagious  diseases  into  the  city;  to  make  quarantine  laws 
for  that  purpose,  and  to  enforce  them  within  the  city,  and 
within  three  miles  thereof. 

Fourth,  To  make  regulations  to  secure  the  general 
health  and  comfort  of  the  inhabitants ; to  prevent,  abate  and 


City  Charter 


11 

remove  nuisances,  and  to  punish  the  authors  thereof  by  penal- 
ties, fines  and  imprisonment;  to  define  what  shall  be  deemed 
nuisances,  and  to  direct  the  summary  abatement  thereof. 

Fifth , To  provide  the  city  with  water;  to  make,  regu- 
late and  establish  public  wells,  pumps  and  cisterns,  hydrants 
and  reservoirs  in  or  under  the  streets  within  the  city,  or  be- 
yond the  limits  thereof,  for  the  extinguishment  of  fires  and 
the  convenience  of  the  inhabitants,  and  to  prevent  the  unnec- 
essary waste  of  water. 

Sixth,  To  have  the  exclusive  control  and  power  over 
the  streets,  public  grounds  and  highways  of  the  city;  to  open, 
alter,  widen,  extend,  establish  grade,  pave,  or  otherwise  im- 
prove, clear  and  keep  in  repair  the  same,  to  prevent  and  re- 
move all  encroachments  thereon,  or  obstruction  thereof  ; to  put 
drains  and  sewers  in  the  same,  and  to  regulate  the  building  of 
vaults,  under  sidewalks,  and  to  prohibit  the  erecting  of  awn- 
ings or  sheds,  and  direct  and  control  the  erection  thereof. 

Seventh , To  provide  for  lighting  the  streets  and  erec- 
ting of  lamps  thereon,  and  to  regulate  the  price  and  quality 
of  gas. 

Eighth , To  provide  for  the  erection  of  market  houses, 
and  all  needful  buildings  for  the  use  of  the  city;  to  provide 
for  the  government  and  regulation  of  markets,  market  places 
and  meat  shops,  and  the  amount  of  license  to  be  paid  therefor. 

Ninth , To  provide  for  the  enclosing,  improving  and 
regulating  all  public  grounds  belonging  to  the  city. 

Tenth,  To  establish  hospitals  and  provide  for  the  gov- 
ernment thereof. 

Eleventh , To  license,  tax  and  regulate  auctioneers, 
grocers,  merchants,  retailers  and  inn-keepers,  and  to  license, 
tax,  regulate  or  suppress  eating  houses,  restaurants,  hawkers, 
peddlers,  brokers,  pawnbrokers,  intelligence  offices,  theatrical 
and  other  exhibitions,  shows  and  amusements,  billiard  tables, 
gift  enterprises,  tippling  houses,  dram-shops,  ten-pin  alleys 
and  ball  alleys,  and  to  suppress  gaming,  gambling  houses, 
bawdy  houses  and  other  disorderly  houses. 

Twelfth,  To  license,  tax  and  regulate  hackmen,  dray- 
men, omnibus-drivers,  porters,  and  all  others  pursuing  like  oc- 
cupations, with  or  without  vehicles,  and  to  prescribe  their 
compensation,  and  to  regulate,  license  and  restrain  runners 
for  cars,  stages  and  public  houses. 

Thirteenth,  To  authorize  the  proper  officers  of  the 


12 


City  Charter 


city  to  grant  and  issue  licenses,  and  to  direct  the  manner 
of  issuing  and  registering  the  same,  and  the  fees  and  charges 
to  be  paid  therefor.  No  license  shall  be  granted  for  more 
than  one  year,  and  not  less  than  five  dollars  shall  be  charged 
for  any  license  under  this  act,  and  the  fees  for  issuing  the 
same  shall  not  exceed  one  dollar;  but  no  license  for  the  sale 
of  wine  or  other  liquors,  malt,  ardent,  vinous  or  spirituous, 
shall  be  issued  for  less  than  fifty  dollars. 

Fourteenth,  To  restrain,  regulate  and  prohibit  the  sell- 
ing or  giving  away  of  any  intoxicating  or  malt  liquors  by  any 
person  within  the  city,  other  than  those  duly  licensed ; to 
forbid  and  punish  the  selling  or  giving  away  of  any  intox- 
icating liquors  to  any  minor  or  habitual  drunkard. 

Fifteenth,  To  restrain  and  punish  engrossing,  fore- 
stalling and  regrating ; to  regulate  the  inspection,  vending 
of  fresh  meats,  poultry  and  vegetables,  or  butter,  lard  and 
other  provisions,  and  the  place  and  manner  of  selling  fish, 
and  inspecting  the  same. 

Sixteenth,  To  require  all  traders  or  dealers  in  mer- 
chandise or  property  of  any  description,  which  is  sold  by 
measure  or  by  weight,  to  cause  their  measures  or  weights 
to  be  tested  and  sealed  by  the  proper  officer,  and  to  be  sub- 
jected to  his  inspection;  the  standards  of  such  weights  and 
measures  shall  conform  to  those  established  by  law. 

Seventeenth,  To  regulate  and  provide  for  inspecting 
and  measuring  ’lumber,  shingles,  timber,  posts,  staves,  head- 
ings, and  all  kinds  of  building  materials,  and  for  measuring  all 
kinds  of  mechanical  work,  and  to  appoint  one  or  more  meas- 
urers and  inspectors  therefor. 

Eighteenth,  Tof  provide  exclusively  for  the  inspection 
and  the  weighing  of  hay,  lime  and  stone  coal,  and  the  place 
of  selling  the  same ; to  regulate  the  measurement  of  firewood, 
charcoal  and  other  fuel,  to  be  sold  or  used  within  the  city,  and 
the  place  and  manner  of  selling  the  same. 

Nineteenth,  To  regulate  and  control  the  storage  of  gun- 
powder, coal  oil,  and  burning  fluids,  tar,  pitch,  rosin,  lumber 
and  other  combustible  materials,  and  the  location  of  lumber, 
coal  and  wood  yards,  or  other  places  for  the  keeping  and  sale 
of  articles  and  materials  in  danger  of  fire,  and  to  compel  the 
owner  of  any  property,  grocery,  cellar,  soap  or  tallow  chand- 
lery, blacksmith  shop,  tannery,  stable,  slaughter  house,  dis- 
tillery, brewery,  sewer,  sink,  privy,  or  other  unwholesome  or 
nauseous  place,  to  clean,  remove,  or  abate  the  same,  as  may 


City  Charter 


13 


be  necessary  for  the  health,  comfort  and  convenience  of  the 
inhabitants. 

Twentieth , To  regulate  the  inspection  of  beef,  pork, 
flour,  meal  and  other  provisions,  whisky  and  other  liquors,  to 
be  sold  in  barrels,  hogsheads,  and  other  vessels  or  packages; 
to  appoint  weighers,  guagers  and  inspectors,  and  to  prescribe 
their  duties,  and  to  regulate  their  fees;  provided,  that  nothing 
herein  shall  be  so  construed  as  to  require  the  inspection  of 
any  articles  enumerated  herein  which  are  to  be  shipped  be- 
yond the  limits  of  this  State,  except  at  the  request  of  the  owner 
or  his  agent. 

Twenty-. first,  To  regulate  the  weight  and  quality  of 
bread  to  be  sold  within  the  city. 

Twenty-second,  To  create,  regulate  and  establish  the 
police  of  the  city;  to  appoint  watchmen  and  policemen,  and 
prescribe  their  duties  and  powers. 

Twenty-third,  To  prevent  and  suppress  any  riot,  rout, 
affray,  noise,  disturbance,  or  disorderly  assembly  in  any  pub- 
lic or  private  place  within  the  city. 

Twenty- fourth,  To  prevent,  prohibit  and  suppress 
horse-racing,  immoderate  riding  or  driving  within  the  city, 
and  authorize  persons  immoderately  riding  and  driving  as 
aforesaid,  to  be  stopped  by  any  person,  to  prohibit  it,  and  pun- 
ish the  abuse  of  animals;  to  compel  persons  to  fasten  their 
animals  attached  to  vehicles  while  standing  in  the  streets. 

Twenty- fifth,  To  restrain  and  punish  vagrants,  mendi- 
cants, street  beggars  and  prostitutes. 

Twenty-sixth,  To  prohibit  the  running  at  large  of  cat- 
tle, hogs  and  other  animals,  and  to  authorize  the  impounding 
and  sale  of  same. 

Twenty-seventh,  To  tax,  regulate,  restrain  and  pro- 
hibit the  running  at  large  of  dogs,  and  to  authorize  their  de- 
struction, when  at  large  contrary  to  ordinance. 

Twenty-eight,  To  prohibit  the  rolling  of  hoops,  flying 
of  kites,  or  any  other  amusement  or  practice  tending  to  annoy 
persons  passing  on  the  streets  or  sidewalks,  or  to  frighten 
horses  or  teams;  to  restrain  and  prohibit  the  ringing  of  bells, 
blowing  of  horns  or  bugles,  crying  of  goods  and  all  other 
noises,  performances  and  practices  tending  to  the  collection 
of  persons  on  the  streets  and  sidewalks  by  auctioneers  and 
others  for  the  purpose  of  business,  amusement  or  otherwise. 

Twenty-ninth,  To  provide  for  taking  an  enumeration 
of  the  inhabitants  of  the  city. 


14 


City  Charter 


Thirtieth , To  erect  or  establish  a workhouse  or  house 
of  correction,  make  all  necessary  regulations  therefor;  and 
appoint  all  necessary  keepers  or  assistance;  in  such  workhouse 
or  house  of  correction  may  be  confined  all  vagrants,  strag- 
glers, idle  and  disorderly  persons  who  may  be  committed 
thereto  by  the  proper  officer,  and  all  persons  sentenced  by  the 
recorder’s  court  in  the  city  of  Chillicothe,  for  any  offense  cog- 
nizable by  said  court;  and  person  who  shall  fail  or  neglect  to 
pay  any  fine  or  penalty,  or  costs  imposed  for  any  misde- 
meanor, or  breach  of  any  ordinance  of  the  city  may  be  kept 
therein,  subject  to  labor  and  confinement. 

Thirty- first,  To  direct  and  control  the  construction  and 
laying  of  railroad  tracks,  bridges,  turnouts  and  switches  in 
the  streets  and  alleys,  not  interfering  with'  the  right  of  way, 
under  such  conditions  as  may  be  granted  by  the  charter  of 
any  railroad  company;  to  require  that  the  railroad  track, 
bridges,  turnouts  and  switches  shall  be  so  constructed  and 
laid  as  to  interfere  as  little  as  possible  with  the  ordinary  travel 
and  the  use  of  the  streets  or  alleys,  and  that  sufficient  space 
shall  be  left  on  either  side  of  said  track  for  the  safe  and  con- 
venient passage  of  teams  and  persons;  to  require  the  railroad 
companies  to  keep  in  repair  the  streets  and  alleys  through 
which  their  tracks  may  run,  and  to  light  the  same ; to  construct 
and  keep  in  repair  suitable  crossings  at  the  intersections  of  the 
streets  and  alleys,  ditches,  sewers  and  culverts;  to  direct  the 
use  and  regulate  the  speed  of  locomotive  engines  within  the 
limits  of  the  city;  to  prohibit  and  restrain  railroad  companies 
from  doing  storage  or  warehouse  business  or  collecting  pay 
for  storage. 

Thirty-second,  To  regulate  the  size  of  brick  to  be  sold 
or  used  in  the  city. 

Thirty-third,  To  pass,  publish,  amend  and  repeal  all 
ordinances,  rules  and  police  regulations,  in  harmony  with  the 
constitution  and  laws  of  the  United  States  and  of  this  State 
and  the  provisions  of  this  act,  and  necessary  for  the  good 
government,  peace  and  order  of  the  city,  and  the  trade  and 
commerce  thereof,  and  that  may  be  necessary  and  proper  for 
carrying  into  effect  the  provisions  of  this  act  and  the  powers 
vested  thereby  in  the  corporation,  or  any  department  or  officer 
thereof.  To  enforce  the  observance  of  all  such  rules,  ordi- 
nances and  police  regulations,  and  to  punish  violations  thereof 
by  fines,  penalties  and  imprisonment  in  the  city  prison  or 
workhouse;  but  no  fine  or  penalty  shall  exceed  two  hundred 


City  Charter 


15 


(200)  dollars,  nor  imprisonment  to  exceed  six  months  for 
any  violation  of  any  ordinance  of  the  city,  and  such  fine  or 
penalty  may  be  recovered  with  costs  by  suit  in  the  name  and 
for  the  use  of  said  city,  before  any  court  of  competent  juris- 
diction, and  punishment  inflicted;  and  any  person  upon  whom 
any  fine  or  penalty  is  imposed  shall  stand  committed  until  the 
payment  of  the  same,  with  costs,  and  in  default  thereof  may 
be  imprisoned  in  the  city  prison  or  workhouse,  or  be  required 
to  labor  on  the  streets  or  public  works  of  the  city  for  such 
time  and  in  such  manner  as  may  be  prescribed  by  ordinance. 

Thirty-fourth,  To  regulate  the  election  of  all  elective 
city  officers,  and  provide  for  the  removing  from  office  of  all 
persons  holding  office  under  the  provisions  of  this  act,  where 
such  election  and  removal  is  not  otherwise  provided  for  by 
this  charter. 

Thirty-fifth,  To  provide  for  the  appointment  of  all  of- 
ficers, servants  and  agents  of  the  corporation  not  otherwise 
provided  for. 

Thirty-sixth,  To  fix  the  compensation  of  city  officers 
and  regulate  the  fees  of  all  jurors,  witnesses  and  others,  for 
services  rendered  under  this  act,  or  by  any  ordinance,  pro- 
vided that  the  compensation  of  no  officer  herein  provided  for 
be  increased  or  diminished  during  his  term  of  office. 

Thirty-seventh,  To  provide  for  the  assessment,  levying 
and  collecting  of  the  taxes  herein  provided,  upon  all  property 
made  taxable  for  State  purposes  within  the  limits  of  the  city, 
and  not  exempt  by  general  law  from  municipal  taxation. 

Thirty-eighth , To  cast  the  vote  of  the  city  in  all  elec- 
tions for  directors  or  other  officers  of  railroads  or  other  cor- 
porations, in  which  said  city  shall  be  a stockholder. 

ARTICLE  V. 


REVENUE. 

Section 

1.  Assessment  Rolls. 

2.  Amount  of  General  Tax  to  Be  Levied. 

3.  Tax  for  Payment  of  Interest  on  City  Bonds,  etc. 

4.  Tax  for  Lighting  Streets. 

5.  Poll  Tax — Tax  on  Dogs. 

6.  Tax  for  Markets,  City  Hall,  Hospitals,  Work  Houses,  etc.,  and 

for  Improvement  of  Streets. 

7.  Special  Tax  to  Construct  Sidewalks. 

8.  Such  Taxes  Liens  Against  Property  Assessed — Payment  thereof 

Enforced  How. 

9.  Deeds  of  Lands  Sold  for  Taxes,  How  Executed. 

10.  Duties  of  City  Treasurer  in  Connection  With  the  Redemption  of 
Bonds  and  Coupons. 


16 


City  Charter 


11.  Drawing  of  Warrants  Under  Appropriations,  Regulated  How. 

12.  Appropriations  Not  to  Exceed  Income  by  More  Than  $1,000. 

13.  Other  Appropriations  to  Be  First  Submitted  to  a Vote  of  Quali- 

fied Electors. 

14.  Penalty  on  Auditor  and  Treasurer  for  Malfeasance  in  Office. 

15.  Appeals  From  Auditor’s  Decisions. 

16.  Moneys  Paid  in  to  Be  Receipted  for,  and  Accounts  Thereof  Kept 

How. 

17.  Mode  of  Letting  Contracts  for  City  Work. 

18.  Power  of  City  Council  to  Borrow  Money  and  Issue  Bonds  of  City. 

19.  Proposition  to  Subscribe  Stock  in  any  Corporation  Must  be 

Acted  on,  How. 

20.  Annual  Reports  of  Auditor  and  Treasurer — Financial  Statement 

to  be  Published. 

21.  Bonds  to  be  Given  by  City  Officers. 

Section  1.  The  city  council  shall  have  power  by  ordi- 
nance to  prescribe  the  form  of  assessment  rolls,  and  prescribe 
the  duties  and  define  the  powers  of  assessors ; provided,  that 
assessors  shall  have  the  same  powers  as  State  assessors.  The 
city  council  may  also  make  such  rules  and  give  such  directions 
in  relation  to  revising,  altering  or  adding  to  the  rolls  as  they 
may  deem  proper  and  expedient. 

Sec.  2.  The  city  council  shall  have  power  and  authority 
to  levy  and  collect  taxes  upon  all  property,  real  and  personal, 
taxable  by  law  for  State  purposes  within  the  limits  of  said 
city,  and  not  by  general  law  exempt  from  municipal  taxation, 
not  exceeding  one-half  of  one  per  cent  per  annum  upon  the 
assessed  value  thereof,  to  defray  the  contingent  and  other 
expenses  of  the  city,  not  herein  otherwise  provided  for,  which 
taxes  shall  constitute  the  general  fund. 

Sec.  3.  The  city  council  shall  each  fiscal  year  levy  and 
cause  to  be  collected  a tax  on  all  the  real  and  personal  property, 
taxable  by  law  for  State  purposes  within  said  city,  and  not  by 
general  law  exempt  from  municipal  taxation,  sufficient  for  the 
payment  of  all  interest  and  bonds,  for  the  payment  of  which 
the  said  city  is  liable  during  said  fiscal  year,  which  year  shall 
commence  the  first  day  of  April  and  end  the  thirty-first  day  of 
March  following,  and  said  tax,  when  collected,  shall  be  applied 
exclusively  to  such  payment  and  to  no  other  purpose ; provided, 
however,  that  if  in  any  fiscal  year  the  amount  of  bonds  matur- 
ing shall  exceed  twenty  thousand  dollars,  the  city  council  shall 
provide  for  the  said  excess  by  the  re-issue  of  bonds  bearing 
no  higher  rate  of  interest,  and  running  for  no  shorter  term  of 
years,  than  were  the  bonds  in  excess  so  maturing  at  the  date  of 
their  issue. 

Sec.  4.  The  council  shall  have  power  to  levy  and  collect 
on  the  real  estate  in  the  lamp  district  or  districts  which  they 


City  Charter 


17 


can  from  time  to  time  create,  a sufficient  tax  to  defray  three- 
fourths  of  the  expense  of  lighting  the  streets  in  such  district 
or  districts  respectively. 

Sec.  5.  The  city  council  shall  have  power  to  levy  and 
collect  a poll  tax  not  exceeding  one  dollar  and  fifty  cents  for 
every  year  upon  all  male  persons,  residents  of  the  city,  over 
the  age  of  twenty-one  years,  and  under  fifty  years,  which 
tax  shall  be  appropriated  to  the  improvement  of  the  streets 
within  the  limits  of  the  city,  and  to  no  other  purpose.  All 
residents  of  the  city  shall  be  exempt  from  working  on  the 
public  roads  or  highways  beyond  the  city  limits,  nor  shall 
they  be  compelled  to  pay  any  poll  tax  for  keeping  the  same 
in  repair.  The  city  council  shall  also  have  power  to  levy  and 
collect  a tax  on  dogs  not  exceeding  five  dollars,  nor  less  than 
one  dollar,  whether  male  or  female,  or  pups. 

Sec.  6.  The  city  council  may  levy  and  collect  a special 
tax  on  all  real  and  personal  property  within  the  city,  taxable 
by  law  for  State  purposes,  and  not  by  general  law  exempt 
from  municipal  taxation,  for  the  erection  of  markets,  city  hall, 
hospitals,  or  workhouses,  water  works,  and  gas  works,  within 
or  without  the  city  limits,  for  the  purchase  of  market  grounds, 
public* squares,  parks,  gas  works,  or  any  public  improvements; 
provided,  that  the  estimated  cost  of  such  improvements  or 
purchases  may  be  apportioned  by  the  city  council  and  collected 
by  a series  of  annual  assessments;  but  no  tax  or  taxes  shall 
be  levied  in  any  one  year,  under  this  section,  which  shall 
exceed  five  mills  on  the  dollar  on  the  property  assessed  for 
any  and  all  purposes  in  this  section  specified;  provided,  fur- 
ther, that  the  proposition  for  such  special  tax  shall  have  been 
first  submitted  to  a vote  of  the  qualified  voters  of  said  city, 
and  approved  by  a majority  thereof;  provided,  however,  that 
the  mayor  and  city  council  shall  have  power  to  levy  a tax 
on  all  real  and  personal  property  in  the  city  taxable  for  State 
purposes,  and  not  exempt  by  law  from  municipal  taxation, 
not  exceeding  one  per  cent,  in  order  to  complete  the  market 
house  and  city  hall  building  already  commenced  and  in  course 
of  construction,  without  any  vote  being  taken  on  the  same. 
Whenever  the  owners  of  a majority  of  the  real  estate  fronting 
on  any  street,  avenue,  lane,  alley,  or  any  part  thereof,  shall 
petition  the  city  council  to  grade,  pave  or  macadamize  such 
street,  avenue  or  alley,  the  city  council  shall  order  an  assess- 
ment to  be  made  of  all  the  property  fronting  on  such  street, 
lane,  avenue  or  alley,  or  parts  thereof,  proposed  to  be  graded, 


City  Charter 


18 


paved  or  macadamized,  and  shall  levy  and  collect  a special 
tax  according  to  extent  of  front  of  the  property  fronting  on 
the  same  to  the  amount  of  one-half  of  the  sum  required  to 
make  the  improvement  petitioned  for,  and  the  city  council  shall 
supply  the  remainder  from  any  money  in  the  treasury  not 
otherwise  appropriated. 

Sec.  7.  Whenever  it  shall  appear  to  the  city  council  that 
a sidewalk  is  needed  for  public  convenience  along  any  avenue 
or  street,  or  whenever  the  owners  of  a majority  of  the  real 
estate  fronting  on  any  avenue,  street  or  block  thereof,  shall 
petition  the  city  council  to  construct  sidewalks  along  the  side 
or  sides  of  such  avenue,  street  or  block  thereof,  the  city  council 
shall  order  an  assessment  to  be  made  of  all  the  property  front- 
ing on  the  avenue,  street  or  block  along  which  the  proposed 
walk  is  to  be  constructed,  and  shall  levy  and  collect  a special 
tax  according  to  the  extent  of  the  respective  fronts,  sufficient 
to  make  the  sidewalk  ordered  to  be  made  or  petitioned  for, 
( 1 ) which  shall  be  applied  to  that  purpose  and  no  other ; pro- 
vided, that  the  city  council  may  permit  any  owner  of  the 
property  fronting  on  the  proposed  sidewalk  to  construct  the 
same  under  the  directions  of  the  city  engineer  or  street  com- 
missioner in  strict  conformity  in  all  respects  with  the  remainder 
of  the  sidewalks  on  such  avenue,  street  or  block. 

Sec.  8.  The  general  and  special  taxes  levied  by  the  city 
on  property  in  conformity  with  the  powers  granted  by  this 
charter  shall  constitute  a lien  on  the  property  against  which 
they  are  levied,  until  paid,  and  the  city  council  shall  have 
power  to  cause  real  estate  to  be  sold  for  delinquent  taxes  in 
such  manner  as  they  may  provide  by  ordinance ; and  to  provide 
for  the  redemption  thereof  in  such  manner  as  shall  not  be 
inconsistent  with  the  laws  of  this  State  and  may  in  the  same 
manner  give  power  to  the  city  collector  to  levy  upon  and  sell 
any  personal  property,  delinquent  for  taxes,  or  to  bring  suit 
in  the  name  of  the  city  against  any  person  delinquent  in  pay- 
ment of  taxes,  in  any  court  of  competent  jurisdiction,  which 
court  shall  render  judgment  therefor,  at  the  return  term 
thereof,  unless  such  delinquent  shall  file  an  affidavit  that  said 
taxes  have  been  paid,  or  were  levied  in  error,  in  which  case 
the  court  may  grant  a continuance  until  the  next  term  thereof, 
but  no  longer,  and  upon  award  of  judgment  against  said  delin- 
quent for  the  amount  of  taxes,  with  all  interest,  penalties 
and  charges,  as  may  be  prescribed  by  ordinance,  together  with 
the  costs  of  the  proceedings,  special  execution  shall  issue 


City  Charter 


19 

against  the  delinquent  property,  which  shall  be  enforced  as  in 
other  civil  cases  under  the  laws  of  this  State. 

Sec.  9.  The  city  council  shall  have  power  to  cause  to  be 
made  or  executed  by  the  city  collector,  a deed  or  deeds,  for  lots 
or  lands  when  the  same  shall  have  been  sold  under  the  ordi- 
nances of  the  city,  for  non-payment  of  taxes  due  the  city; 
and  such  deeds,  when  executed,  shall  be  received  in  like  man- 
ner, and  shall  have  the  same  force  and  effect  as  State  tax  deeds 
by  the  general  laws  of  the  State. 

Sec.  10.  The  city  treasurer  shall  be  the  sole  custodian  of 
all  funds  belonging  to  the  city  of  Chillicothe,  from  whatsoever 
source  derived  and  shall  disburse  the  same  only  upon  the  proper 
warrant  of  the  city  auditor,  countersigned  by  tlie  city  clerk, 
except  for  the  redemption  of  the  bonds  or  interest  coupons 
of  said  city  as  the  same  shall  from  time  to  time  mature,  and 
said  city  treasurer  shall  upon  payment  of  any  such  bonds  or 
coupons  immediately  cancel  the  same  and  said  treasurer  shall 
at  the  end  of  each  quarter  surrender  to  the  city  auditor  all 
bonds  or  coupons  so  retired  by  him  during  each  quarter,  and 
the  city  auditor  shall  issue  to  the  treasurer  a warrant  for  the 
amount  of  the  same,  which  said  bonds  and  coupons  having 
been  compared  by  the  auditor  with  the  register  of  bonds  issued 
and  duly  marked  “cancelled”  thereon,  shall  by  said  auditor  be 
filed  in  his  office  until  the  close  of  the  fiscal  year ; when,  upon 
the  settlement  of  said  auditor’s  accounts  with  the  city,  said 
bonds  and  coupons  shall  be  burned  in  the  presence  of  the  city 
council,  or  a committee  thereof,  and  the  clerk  of  said  council 
shall  certify  under  the  seal  of  the  city,  the  numbers  and 
amounts  of  said  bonds  and  coupons  so  burned,  and  for  what 
purpose  issued,  which  certificate  shall  be  filed  by  the  auditor  in 
his  office. 

Sec.  11.  No  warrant  shall  be  drawn  by  the  city  auditor, 
or  be  paid  by  the  city  treasurer,  unless  the  money  has  been 
previously  appropriated  by  order  of  the  city  council ; provided, 
that  the  auditor  may  draw  his  warrant  on  the  treasurer  for  the 
refunding  of  money  to  any  purchaser  or  purchasers  at  any  city 
tax  sales,  where  the  property  so  purchased  may  have  been 
redeemed  by  the  owner  thereof  subsequent  to  such  sale,  in 
which  case  the  certificate  of  purchase  to  be  surrendered  to  the 
auditor  by  such  purchaser  or  purchasers,  shall  be  a sufficient 
voucher  to  the  auditor  for  the  issue  of  his  warrant  upon  the 
treasurer  for  the  amount  due  them. 

Sec.  12.  The  city  council  shall  not  make  any  appropria- 


20 


City  Charter 


tion  for  any  purpose  whatsoever  exceeding  one  thousand  dol- 
lars in  excess  of  the  income  received  and  appropriated  at  the 
time  any  such  appropriation  is  made. 

Sec.  13.  The  city  council  shall  have  no  power  to  appro- 
priate money  for  other  purposes  than  are  provided  for  in  this 
charter,  without  first  submitting  such  appropriation  to  a vote 
of  the  qualified  voters  of  said  city  and  a majority  thereof  shall 
have  approved  of  such  appropriation ; nor  shall  the  city  auditor 
draw  his  warrant  for,  nor  the  treasurer  pay  the  amount  of,  or 
any  portion  of,  such  appropriation,  without  the  approval  of  the 
majority  of  the  qualified  voters  of  such  appropriation  as  herein 
provided. 

Sec.  14.  The  city  auditor  and  treasurer  shall  have  free 
access  to  each  other’s  offices  for  the  inspection  of  all  books, 
accounts  and  papers  which  may  concern  any  of  their  duties, 
and  if  the  said  city  auditor  shall  knowingly  issue  any  warrant 
upon  the  city  treasurer,  not  authorized  by  law,  or  if  said  city 
treasurer  shall  willfully  and  unlawfully  refuse  to  pay  any 
warrant  lawfully  drawn  upon  him,  or  if  either  of  said  officers 
shall  willfully  neglect  or  refuse  to  perform  any  duty  enjoined 
on  them  by  law,  or  shall  willfully  do  any  act  not  authorized 
by  law,  or  in  any  other  manner  not  required  by  law,  they  shall 
be  deemed  guilty  of  a misdemeanor,  and,  upon  conviction 
shall  forfeit  to  the  city  any  sum  not  exceeding  five  hundred 
(500)  dollars,  and  be  imprisoned  in  the  county  jail  of  Liv- 
ingston county  for  any  length  of  time  not  exceeding  one  year. 

Sec.  15.  The  city  council  shall,  by  ordinance,  as  soon  as 
practicable  after  the  passage  of  this  act,  provide  for  an  appeal 
from  the  decision  of  the  auditor  to  the  city  council  by  any 
person  interested  in  the  decision  of  any  claim  or  account 
against  the  city,  and  also  the  issuing  of  duplicate  bonds,  cou- 
pons and  warrants,  in  lieu  of  those  which  may  be  proved  to 
have  been  destroyed  or  lost,  under  such  conditions  and  re- 
strictions as  the  interest  of  the  city  shall  require,  and  also  pro- 
hibiting the  city  auditor  arid  treasurer  or  their  clerks  or  em- 
ployes, or  any  other  city  officer  from  dealing  in  the  bonas, 
coupons,  warrants  or  other  evidences  of  city  indebtedness,  at 
less  than  their  par  value ; and  the  city  council  shall  have  power 
to  pass  such  other  ordinances  for  the  collecting,  safe  keeping 
and  disbursing  the  revenue  of  said  city,  as  they  may  deem 
necessary  and  proper,  and  not  inconsistent  with  the  provisions 
of  this  charter,  or  of  the  constitution  and  laws  of  this  State. 

Sec.  16.  All  persons  other  than  the  city  treasurer, 


City  Charter 


2! 


charged  with  the  collection  of  moneys  under  the  ordinances  of 
the  city,  shall  promptly  pay  the  same  over  to  the  city  treasurer, 
under  such  penalties  for  default  thereof  as  the  ordinances  of 
said  city  shall  prescribe;  for  which  money  the  said  treasurer 
shall  issue  duplicate  receipts,  and  the  person  receiving  the 
same  shall  forthwith  deposit  one  of  them  with  the  city  audi- 
tor, who  shall  credit  the  person  accordingly  and  charge  the 
treasurer  with  the  amount;  and  the  city  council,  by  ordinance, 
shall  provide  for  keeping  of  all  books,  accounts  and  registers  by 
said  auditor  and  treasurer  as  shall  be  necessary  to  the  exhibit- 
ing of  the  financial  affairs  of  said  city  in  a plain  clear  and 
comprehensive  manner,  which  books,  accounts  and  registers 
shall  at  all  times  be  open  to  the  inspection  of  the  city  officers, 
city  council,  or  any  committee  thereof,  or  any  citizen  of  said 
city,  during  the  usual  hours  for  business  in  the  offices  where 
the  same  shall  be  kept. 

Sec.  17.  All  city  imnrnvements  of  whatever  kinrl  or 
character,  including  the  erection  of  all  public  buildings  made 
or  to  be  erected  at  the  expense  of  said  city,  shall  be  let  by  con- 
tract to  the  lowest  responsible  bidder ; and,  previous  to  the  ex- 
ecution of  any  such  contract  for  the  making  of  improvements 
or  the  erection  of  buildings,  the  city  auditor  shall  advertise  in 
at  least  one  naner  published  in  said  city  for  sealed  fLr.Qposals. 
for  the  doing  of  the  required  work,  the  first  insertion  of  which 
advertisement  shall  be  at  least  twenty  days  prior  to  the  day 
specified  for  the  opening  of  such  bids,  upon  which  day  the  said 
auditor  in  conjunction  with  the  city  treasurer  and  engineer, 
shall  examine  all  the  proposals  received,  and  if  all  such  propo- 
sitions are  not  deemed  too  high  for  the  proposed  work,  the 
contract  shall  be  awarded  as  herein  specified,  and  upon  the  ap- 
proval of  such  award  by  the  city  council,  the  mayor  shall  ex- 
ecute in  behalf  of  said  city  contracts  in  triplicate  with  the  the 
successful  bidder  or  bidders,  each  of  which  shall  be  counter- 
signed by  the  city  clerk  under  his  official  seal;  and  one  copy 
thereof  shall  be  filed  with  the  city  auditor,  one  shall  be  de- 
livered to  the  city  engineer  or  other  officer  in  charge  of  the 
work  to  be  constructed,  and  the  third  to  the  contractor;  pro- 
vided, that  nothing  in  this  section  shall  be  so  construed  as  to 
prevent  the  repairs  by  day’s  work  of  streets,  sewers,  culverts, 
buildings  or  other  city  property,  so  far  as  may  be  necessary  to 
their  preservation,  under  the  direction  of  the  city  engineer  or 
other  proper  officer,  when  such  repairs  shall  have  been  or- 
dered to  be  made  by  a vote  of  the  city  council. 


22 


City  Charter 


Sec.  18.  The  city  council  may,  under  the  general  power 
to  borrow  money  on  the  credit  of  the  city  [as  is  provided  for 
in  Sec.  two  (2),  Article  four  (IV)],  provide  by  ordinance 
for  borrowing  money  or  issuing  the  bonds  of  the  city  for  the 
following  objects: 

First,  In  payment  of  any  subscription  by  said  city  to  the 
stock  of  any  railroad  which  may  terminate  in  or  pass  through 
said  city,  or  in  aid  of  the  construction  thereof. 

Second,  To  grade,  pave,  macadamize  or  otherwise  im- 
prove any  public  street  or  avenue  in  said  city,  where  such  im- 
provement is  not  made  upon  the  petition  of  a majority  of  the 
property  holders,  fronting  on  said  streets  or  avenues  or  where 
the  charging  of  such  work  or  improvement  against  such  prop- 
erty would  from  its  magnitude  be  extraordinarily  burdensome 
on  the  owners  thereof,  and  such  would  be  for  the  general 
benefit  of  the  entire  city. 

Third,  To  construct  public  sewers. 

Fourth,  To  purchase  grounds  upon  which  to  erect  the 
buildings  and  reservoirs  necessary  for  lighting  said  city  with 
gas,  and  for  supplying  its  inhabitants  with  water ; and  to  com- 
plete and  put  in  operation  such  gas  and  water  works,  with  all 
the  mains,  pipes,  levels,  hydrants  or  other  apparatus,  machin- 
ery and  fixtures  in  anywise  appertaining  thereto. 

Fifth , For  the  erection  of  all  public  buildings  of  what- 
ever character  or  description  necessary  to  the  use  of  said  city ; 
provided,  however,  that  every  ordinance  for  borrowing  money 
shall  specify  the  sum  to  be  borrowed,  and  the  object  to  which 
the  same  is  to  be  applied,  and  that  it  shall  have  been  passed  by 
a vote  of  the  majority  of  the  city  council,  and  after  due  pub- 
lication in  the  several  newspapers  published  in  said  city,  it 
shall  have  been  submitted  to  a vote  of  the  jualified  voters 
thereof,  and  approved  by  the  two-thirds  of  the  votes  cast  at 
any  general  or  special  election  held  in  said  city,  before  such 
ordinance  shall  be  in  force  and  effect ; and  provided,  however, 
that  the  mayor  and  city  council,  shall  have  the  power  without 
submitting  the  same  to  a vote  of  the  people,  to  issue  bonds 
with  interest  not  exceeding  10  per  cent,  per  annum,  and  not 
exceeding  ten  thousand  dollars  in  amount,  for  the  purpose  of 
completing  the  city  hall  and  market  house  building  alread) 
commenced  and  in  course  of  construction;  provided  further, 
that  until  and  after  said  city  shall  contain,  by  actual  enumer- 
ation, a population  of  six  thousand  inhabitants,  the  public 
debt,  including  the  floating  debt,  of  said  city  of  Chillicothe, 


City  Charter 


23 


shall  not  exceed  the  sum  of  one  hundred  and  twenty-five 
thousand  dollars,  and  all  bonds,  subscriptions,  and  other  evi- 
dences of  indebtedness  issued  or  made  by  said  city  in  excess 
of  said  sum  shall  be  absolutely  null  and  void.  Whenever  a 
proposition  to  borrow  money  shall  be  passed  and  approved  as 
hereinbefore  provided,  the  bonds  may  be  issued  in  pursuance 
of  ordinance,  in  proper  form,  with  the  necessary  coupons  at- 
tached, having  not  more  than  thirty  years  to  run,  and  in  de- 
nominations of  not  less  than  five  dollars  each,  and  bearing 
such  rates  of  interest  not  exceeding  ten  per  cent,  per  annum, 
and  payable  at  such  place  as  the  ordinance  authorizing  such 
issue  may  prescribe;  said  bonds  shall  be  signed  by  the  mayor 
and  attested  by  the  city  clerk,  under  his  official  seal,  who 
shall  deliver  the  same  to  the  city  auditor,  who  .shall  counter- 
sign said  bonds,  register  the  same  in  proper  books,  to  be  kept 
for  that  purpose,  sign  the  interest  coupons  attached  thereto 
and  deliver  the  same  to  the  city  treasurer,  or  other  person  or 
persons  authorized  by  ordinance  to  receive  them,  and  take  his 
or  their  receipts  for  the  same. 

Sec.  19.  The  city  shall  not  at  any  time  become  a sub- 
scriber for  any  stock  in  any  corporation  unless  the  proposition 
to  subscribe  such  stock  shall  have  been  passed  and  approved  in 
like  manner  as  is  herein  provided  for  propositions  to  borrow 
money. 

Sec.  20.  The  city  council  shall  provide  by  ordinance  for 
a settlement  of  the  accounts  of  the  auditor  and  treasurer,  or 
other  city  officers  charged  with  the  collection  of  city  funds, 
at  the  close  of  each  fiscal  year,  and  shall  publish  in  a paper 
published  in  said  city  of  Chillicothe,  a statement  of  receipts 
and  expenditures  of  every  description  for  the  last  fiscal  year, 
including  all  moneys  that  have  passed  through  the  hands  of 
the  auditor  and  treasurer  for  any  purpose  whatsoever,  to- 
gether with  the  different  sources  of  city  revenue,  the  amount 
received  under  each,  the  several  appropriations  made  by  the 
city  council,  the  object  of  such  appropriations  and  the  sum 
expended  under  each,  also  a statement  of  all  money  borrowed 
upon  the  credit  of  the  city,  whether  by  temporary  loans  or 
otherwise,  the  terms  of  such  loans,  by  what  authority  made, 
how  applied,  how  much  of  the  same  or  other  city  indebtedness 
remains  unpaid,  together  with  the  auditor’s  estimates  for  the 
next  fiscal  year,  and  such  other  special  information  as  will 
give  the  people  of  said  city  a concise  and  plain  statement  of 
the  condition  of  its  financial  affairs. 


24 


City  Charter 


Sec.  21.  The  city  council  shall  by  ordinance  prescribe 
the  amount  of  bonds  to  be  required  from  each  and  every  of- 
ficer elected  or  appointed  under  this  act,  and  the  number  of 
sureties  to  be  required  for  each,  which  said  bonds,  when  ap- 
proved by  the  mayor,  shall  be  filed  with  the  city  clerk. 

ARTICLE  VI. 

OP  OPENING  AND  IMPROVING  AVENUES,  STREETS  AND  ALLEYS, 

AND  OF  THE  CLASSES  AND  CONSTRUCTION  OF  SEWERS. 
Section 

1.  Taking  of  Private  Property  for  Public  Use. 

2.  Notice  and  Publication  in  Case  of  Absent  Owners. 

3.  Damages  How  Assessed. 

4.  Inquest  May  be  Set  Aside,  When. 

5.  Payment  of  Damages  Stayed,  When. 

6.  City  Recorder  May  Compromise  With  Owners,  how. 

7.  Judgments  Against  City,  Effect  of. 

8.  Appeals,  Where  Taken  and  Effects  of. 

9.  Grades  of  Streets  to  be  Established,  and  Profiles  Thereof  Pre- 

pared. 

10.  Classification  of  Sewers. 

11.  Definition  of  Various  Kinds  of  Sewers. 

12.  Public  Sewers  to  be  Constructed,  and  Costs  Thereof  paid,  How. 

13  Mode  of  Construction,  and  Payment  of  Cost  of  District  and 

Private  Sewers. 

Section  1.  Whenever  the  city  council  shall  provide  by 
ordinance  for  establishing,  opening,  widening  or  altering  any 
street,  avenue  or  alley,  or  public  ground  or  square,  and  it  be- 
comes necessary  for  that  purpose  to  take  private  property,  and 
no  agreement  can  be  made  with  the  owners  thereof,  just  com- 
pensation shall  be  made  therefor  to  the  persons  whose  prop- 
erty is  so  taken,  which  the  city  recorder  shall  cause  to  be  as- 
certained by  a jury  of  six  disinterested  freeholders  of  the 
city,  the  particulars  of  which  proceeding  shall  be  prescribed 
by  ordinance. 

Sec.  2.  The  city  recorder  shall  appoint  a day  for  im- 
paneling a jury  and  ascertaining  the  damages,  at  least  six 
days’  notice  of  which  shall  be  given  to  the  person  whose  prop- 
erty is  proposed  to  be  taken,  and  if  any  of  the  owners  thereof 
are  unknown  or  cannot  be  found  by  the  city  marshal,  or  are 
absent  from  the  city  (and  the  return  of  the  marshal  shall  be 
conclusive  as  to  the  facts  therein  stated)  publication  thereof 
shall  be  made  in  a newspaper  for  at  least  three  weeks  before 
the  day  appointed,  notifying  all  owners  and  others  interested 
in  the  property  proposed  to  be  taken,  that  on  the  day  therein 
named  the  city  recorder  will  cause  the  property  therein  de- 
scribed to  be  condemned  for  public  use,  as  an  alley,  street, 


City  Charter 


25 


avenue,  public  ground  or  square,  as  the  case  may  be,  and  dam- 
ages to  be  assessed  therefor,  as  herein  provided,  and  such  no- 
tice by  publication  as  aforesaid  shall  be  binding  on  all  per- 
sons whomsoever  having  any  interest  in  any  property  that 
may  be  charged  by  the  verdict  of  the  jury,  and  with  the  pay- 
ment of  any  portion  of  the  damages  in  consideration  of  the 
benefits  to  be  derived  by  them. 

Sec.  3.  It  shall  be  the  duty  of  the  jury: 

First , To  ascertain  the  actual  value  of  the  land  pro- 
posed to  be  taken  for  the  opening,  widening,  establishing  or 
altering  of  any  street,  avenue,  *alley  or  public  square,  without 
reference  to  the  proposed  improvement,  then  for  the  payment 
of  such  sum  to  assess  against  the  owner  of  the  property  taken 
for  opening,  widening,  altering  or  establishing  of  any  street, 
avenue,  lane,  alley  or  public  square,  the  benefit  or  benefits  ac- 
cruing to  the  remainder  of  his  property  on  such  lane,  alley, 
street,  avenue  or  public  square,  according  to  the  value  of  the 
property  so  assessed,  and  in  proportion  as  such  property  may 
be  benefited  by.  the  proposed  improvement,  and  the  sum  so 
assessed  by  the  jury  against  the  owner  or  owners  of  such 
property  shall  be  a lien  on  said  property  until  paid;  then  the 
jury  shall  assess  the  remainder  of  the  damages  ascertained 
and  the  benefits  accruing  to  the  public  generally  against  the 
city. 

Sec.  4.  The  city  recorder  shall  have  power,  for  good 
cause  shown,  within  ten  days  after  any  inquest  shall  have 
been  returned  to  him,  to  set  the  same  aside  and  cause  a new 
inquest  to  be  made. 

Sec.  5.  If  the  verdict  of  the  jury  be  not  set  aside  by  the 
city  recorder,  it  shall  be  his  duty,  within  ten  days,  to  report 
the  same  to  the  city  council,  and  if  not  confirmed  by  the  coun- 
cil within  ten  days  after  being  reported  to  them  by  the  city 
recorder,  all  the  proceedings  shall  be  void;  if  the  title  to  any 
property  proposed  to  be  condemned  be  in  controversy,  noth- 
ing shall  be  paid  therefor  until  the  right  to  the  money  ascer- 
tained by  the  verdict  of  the  jury  is  determined  by  a court  of 
competent  jurisdiction  in  a suit  between  the  parties  respective- 
ly claiming  the  same,  none  of  the  costs  of  which  litigation 
shall  be  borne  by  the  city  unless  the  city  be  one  of  the  claim- 
ants, and  during  such  controversy  the  money  shall  remain  in 
the  treasury. 

Sec.  6.  Whenever  one  or  more  of  the  owners  of  prop- 
erty of  which  it  may  be  necessary  to  take  for  public  use  in  the 


26 


City  Charter 


opening  of  any  street,  avenue,  alley  or  square,  shall  propose 
to  relinquish  such  property  without  claim  of  damages,  on  con- 
dition of  exemption  from  payment  of  benefits  for  further 
opening  of  such  improvements,  or  upon  other  conditions,  the 
city  recorder  shall  be  authorized  to  compromise  or  agree  with 
such  persons,  and  to  remit,  abate  or  exempt  them  from  pay- 
ment of  the  damages  in  consideration  of  the  payment  of  ben- 
efits, wholly  or  partly,  as  equity  may  seem  to  require,  and  for 
the  assessment  of  benefits  and  damages  to  other  property  on 
the  same  street,  alley,  lane,  avenue  or  public  square,  shall  pro- 
ceed as  in  other  cases. 

Sec.  7.  Judgments  against  the  city  on  account  of  dam- 
ages to  private  property  in  case  of  opening,  altering,  widen- 
ing or  changing  alleys,  lanes,  streets,  avenues  or  public 
squares,  shall  not  be  considered  as  ordinary  judgments,  but 
such  judgments  shall  be  held  in  abeyance,  and  the  city  shall 
not  take  possession  of  the  grounds  condemned  until  such 
judgments  shall  be  confirmed  and  appropriations  made  to  pay 
the  same  out  of  the  general  revenue. 

Sec.  8.  Either  party  may  appeal  to  the  circuit  court 
from  the  judgment  of  the  recorder’s  court  within  ten  days 
after  the  rendition  of  said  judgment,  in  the  same  manner  as 
appeals  are  taken  from  the  justices’  courts;  such  appeals  shall 
not  stay  the  work  of  establishing,  opening,  widening  or  alter- 
ing any  avenue,  street,  alley  or  public  square,  but  such  ground 
may  be  taken  possession  of  by  the  city  upon  tender  to  the 
owner  or  owners  of  the  same  of  the  amount  assessed  by  the 
jury  as  damages  in  the  recorder’s  court. 

Sec.  9.  The  city  council  shall  as  soon  as  practicable, 
after  the  passage  of  this  act,  provide  for  the  establishment 
by  the  city  or  other  engineer,  of  the  grades  and  curbstone 
lines  of  each  and  every  avenue  or  street  within  the  limits  of 
said  city,  and  shall  also  require  said  engineer  to  prepare  per- 
fect profiles  of  said  streets,  exhibiting  the  grades  at  the  cross- 
ings thereof,  and  the  elevation  of  all  grade  points,  which  said 
profiles  when  complete,  and  the  graduation  and  lines  estab- 
lished in  accordance  herewith,  shall  be  approved  by  ordi- 
nance ; and  the  city  or  other  engineer  shall  immediately 
thereafter  prepare  a corrected  diagram  of  all  such  streets*  ex- 
hibiting the  graduation  and  lines  thereof,  which  diagram  shall 
be  securely  framed  and  be  kept  suspended  in  the  office  of  the 
city  clerk  for  public  examination,  and  after  such  graduation 
shall  have  been  established  and  approved,  no  change  in  the 


City  Charter 


27 


grade  of  any  avenue  or  street  shall  be  made  except  by  an  or- 
dinance passed  by  the  city  council,  all  the  members  thereof 
concurring,  and  after  due  notice  by  publication  in  at  least  one 
of  the  newspapers  published  in  said  city  of  the  pendency  of 
such  ordinance  before  the  city  council ; and  in  case  any  such 
■change  of  grade  shall  be  made,  all  damages  sustained  by  any 
person  by  reason  of  such  change  shall  be  paid  by  the  city ; and 
in  the  event  of  a failure  on  the  part  of  the  mayor  or  person 
damaged  to  determine  the  amount  of  such  damages,  the  same 
shall  be  ascertained  by  the  same  proceeding  provided  for  on 
condemning  private  property  for  public  use. 

Sec.  10.  A general  sewer  system  shall  be  established  by 
ordinance,  and  shall  comprise  three  classes  of  sewers,  namely : 
Public,  district  and  private  sewers. 

Sec.  11.  All  sewers  draining  streets,  alleys  or  public 
grounds,  or  parts  of  district  or  private  sewers,  crossing  ave- 
nues, streets  or  public  grounds  shall  be  classed  as  public  sew- 
ers. All  sewers  rendered  necessary  by  natural  water  courses, 
or  for  sanitary  precautions,  or  other  local  causes,  appertaining 
to  any  district  or  portion  of  said  city,  and  the  location  of 
said  sewers  not  being  in  any  street,  alley  or  public  grounds, 
shall  be  classed  as  district  sewers;  and  all  sewers  constructed 
by  individuals  for  their  sole  and  individual  benefit,  for  the 
purpose  of  draining  private  premises,  or  by  the  direction  of 
the  city  council  as  a sanitary  measure,  shall  be  classed  as  pri- 
vate sewers. 

Sec.  12.  Public  sewers  shall  be  constructed  along  the  prin- 
cipal courses  of  drainage  at  such  times  and  to  such  extent,  of 
such  dimensions  and  under  such  regulations  as  may  be  pro- 
vided by  ordinance;  and  there  may  be  extensions  or  branches 
of  sewers  already  constructed  or  entirely  new  throughout,  as 
the  case  may  require,  and  the  cost  of  construction  thereof,  to- 
gether with  the  cleaning,  improving  or  repairing  of  the  same, 
as  shall  by  the  city  council  be  deemed  necessary,  shall  be  paid 
from  the  general  fund  of  said  city. 

Sec.  13.  District  sewers  shall  be  constructed  within  the 
limits  of  districts  to  be  prescribed  by  ordinance,  connecting 
with  the  public  sewers  or  other  district  sewers,  or  or  with 
any  natural  course  of  drainage,  as  the  case  may  require.  But 
such  district  may  be  subdivided,  enlarged,  or  changed  by  ordi- 
nance at  any  time  previous  to  the  construction  of  any  sewer 
therein.  The  city  council  shall  cause  sewers  to  be  constructed 
in  each  sewer  district  whenever  a majority  of  the  property 


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holders  resident  within  a district  shall  petition  therefor,  or 
whenever  the  city  council  may  deem  said  sewers  necessary  for 
sanitary  or  other  purposes.  Such  sewers  shall  be  made  of  such 
dimensions  as  may  be  prescribed  by  ordinance,  and  may  be 
changed,  enlarged  or  extended,  and  shall  have  all  necessary 
laterals,  inlets  and  other  appurtenances  which  may  be  required 
whenever  the  city  council  shall  by  ordinance  direct  the  con- 
struction of  any  district  sewer  as  hereinbefore  provided.  The 
city  engineer,  commissioner  of  sewers,  or  other  officer  in  charge 
of  the  work,  shall  upon  the  execution  of  a contract  with  any 
party  or  parties  for  the  construction  of  such  sewer,  assess  the 
cost  of  the  work,  as  determined  by  said  contract,  as  a special 
tax  against  the  lots  of  ground  situated  within  the  limits  of  said 
district,  exclusive  of  improvements,  in  proportion  to  the  area 
of  the  whole  district,  not  excluding  highways,  which  assess- 
ment rolls,  when  completed,  shall  be  delivered  to  the  auditor, 
who  shall  extend  the  tax  thereon,  and  place  the  same  in  hands 
of  the  treasurer  for  collection,  as  in  the  case  of  other  taxes, 
and  the  amount  so  raised  shall  constitute  a special  fund,  ap- 
plicable solely  to  the  construction  of  such  district  sewers,  and 
such  assessment  shall,  when  made  constitute  a lien  on  each  lot 
upon  which  it  shall  be  made,  and  in  case  of  default  in  payment 
of  such  taxes  by  any  lot  owner,  the  same  may  be  collected  in 
like  manner  as  is  provided  for  other  delinquent  taxes,  and 
whenever  said  city  of  Chillicothe  shall  own  any  lot  or  lots 
within  the  limits  of  any  district  where  such  sewer  shall  be 
constructed,  the  tax  levied  against  such  property  shall  be  paid 
from  the  general  fund.  Private  sewers  may  be  connected  with 
public  or  district  sewers  under  the  direction  of  the  city  engi- 
neer. Sewers  shall  not  run  diagonally  through  private  prop- 
erty when  it  is  practicable  to  construct  them  parallel  to  its 
front  lines ; and  a public  sewer  shall  not  be  constructed  through 
private  property  when  it  is  practicable  to  construct  it  in  an 
adjacent  street.  Whenever  district  sewers  have  been  already 
constructed,  the  city  council  shall  have  power  to  assess  a special 
tax  against  the  property  in  such  district  in  like  manner  as  is 
provided  in  case  of  construction  of  new  district  sewers,  and 
the  sum  realized  from  such  tax  shall  be  applied  in  payment 
of  any  debt  contracted  by  the  city  for  the  construction  of  said 
sewer,  together  with  the  interest  thereon,  or  if  said  district 
sewer  was  constructed  at  the  expense  of  the  general  fund,  then 
said  amount  so  raised  by  special  tax  shall  be  returned  to  the 
credit  of  said  general  fund.  All  sums  of  money  necessary  for 


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the  cleaning,  repairing,  and  other  incidental  expenses  of  dis- 
trict sewers  shall  be  paid  out  of  the  general  appropriation  for 
that  purpose;  and  at  the  end  of  each  fiscal  year,  the  auditor 
shall  report  to  the  city  council  the  amounts  paid  on  account 
of  each  district  separately,  and  the  amount  so  charged  to  each 
sewer  district,  in  proportion  to  assessed  value  of  property, 
shall  be  assessed  as  a special  district  sewer  tax,  and  the  amount 
thereof  charged  to  and  collected  from  the  lot  owners  in  such 
districts  respectively  as  an  item  in  the  general  tax  bills  of  the 
next  fiscal  year  following  the  expenditures. 


ARTICLE  VII. 

Section 

PUBLIC  HEALTH. 

1.  Health  Officer  to  be  Appointed,  His  Qualifications  and  Duties. 

2.  Board  of  Health  to  be  Established,  Qualifications  of  its  Mem- 

bers. 

3.  Appointment  of  Term  of  Service  of  the  Members  Thereof. 

4.  General  Duties  of  Said  Board. 

5.  Appointing  Power  Thereof. 

6.  Its  Meetings. 

7.  Sanitary  Inspectors  to  Be  Appointed  by  It. 

8.  Power  of  the  Board  to  Cleanse  and  Purify  Buildings,  etc.,  and 

to  Enforce  Its  Orders. 

9.  Its  Power  to  Abate  Nuisances;  Costs  Thereof,  How  Paid. 

10.  Further  Powers  of  Board  to  Enforce  Sanitary  Measures. 

11.  Private  Buildings  May  Be  Occupied  as  Hospitals,  When. 

12.  Power  of  Board  to  Order  Certain  Trades  and  Professions  to  Be 

Discontinued. 

13.  Penalty  for  Refusing  to  Obey  Lawful  Orders  of  Board. 

14.  Such  Fines,  How  Collected. 

15.  Reports  to  Be  Made  by  Practicing  Physicians  at  Request  of 

Board. 

16.  Penalty  for  Failure  to  Comply. 

17.  Salary  of  Members  of  the  Board,  How  Paid. 

IS.  Powers  of  the  City  Council  Further  to  Define  Duties  of  Board. 

19.  Civil  Officers  and  Citizens  Required  to  Aid  the  Board  in  Per- 
formance of  Their  Duties. 

Section  1.  The  city  council  shall  appoint  a health  officer, 
whose  term  of  service  shall  be  one  year;  he  shall  be  a physi- 
cian, and  possessed  of  other  necessary  qualifications  of  a mem- 
ber of  the  board  of  health  as  hereinafter  provided,  and  shall 
have  general  supervision  of  the  city  hospitals  and  dispensaries, 
and  perform  such  duties  as  the  city  council  shall  prescribe. 

Sec.  2.  The  city  council  shall  establish  a board  of  health, 
which  board  shall  consist  of  three  members,  who  shall  be 
physicians  and  graduates  of  regular  medical  schools,  and  shall 
have  been  at  the  time  of  their  appointment,  resident  and  prac- 
ticing physicians  in  the  city  for  at  least  one  year  immediately 
preceding  such  appointment. 


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Sec.  3.  The  members  of  the  board  of  health  shall  be  ap- 
pointed by  the  city  council,  and  the  health  officer  shall  be  a 
member  of  said  board  and  president  thereof.  Immediately 
after  their  appointment  said  board  shall  proceed  to  elect  a 
clerk  (not  one  of  its  members),  who  shall  be  a fit  and  com- 
petent person  to  perform  the  duties  of  clerk  of  the  board,  and 
who  shall  likewise  be  a graduate  physician  of  some  medical 
school.  Vacancies  occurring  in  the  board  by  expiration  of  the 
time  of  service,  resignation  or  otherwise,  shall  be  filled  by  the 
appointment  of  the  city  council. 

Sec.  4.  The  board  of  health  is  charged  with  a general 
supervision  over  the  public  health  of  the  city,  and  to  see  that 
its  rules  and  regulations  and  the  laws  and  ordinances  of  the 
city,  in  relation  thereto,  are  enforced  and  observed. 

Sec.  5.  Said  board  shall,  when  it  deems  necessary,  appoint 
resident  physicians  for  the  city  hospitals,  for  the  quarantine, 
and  select  all  other  officers  for  said  board,  as  well  as  for  the 
city  hospitals,  fix  the  compensation  for  syich  person,  and  select 
a suitable  place  for  the  meeting  of  the  board. 

Sec.  6.  The  board  of  health  shall  meet  at  least  twice  a 
month,  between  the  first  day  of  April  and  the  first  day  of  No- 
vember of  each  year,  and  oftener  if  necessity  requires,  and 
during  the  remainder  of  the  year  when  called  by  the  president. 

Sec.  7.  The  said  board  of  health  shall  have  power  to  ap- 
point one  or  more  sanitary  inspectors  at  such  times  as  it  shall 
deem  proper,  who  shall  have  authority  to  enter  into  and  ex- 
amine in  the  daytime  all  buildings,  lots,  and  places  of  every 
description,  within  the  city,  and  to  ascertain  and  report  to 
the  board  the  condition  thereof,  so  far  as  the  public  health 
may  be  affected  thereby. 

Sec.  8.  The  board  of  health  shall  give  all  such  directions 
and  adopt  all  such  measures  for  cleansing  and  purifying  such 
buildings,  lots  and  other  places,  and  to  do  or  cause  to  be  done 
everything  in  relation  thereto  which  in  its  opinion  shall  be 
deemed  necessary.  Every  person  who  shall  disobey  any  order 
of  the  board  of  health  which  shall  have  been  personally  served 
upon  him  to  abate  or  remove  any  nuisance  in  the  manner  at 
the  time  prescribed  in  the  order,  shall,  on  complaint  of  the 
board  of  health,  or  any  person  serving  such  order,  before  the 
city  recorder,  be  liable  to  arrest  and  punishment  for  each 
offence  by  a fine  not  exceeding  five  hundred  (500)  dollars, 
or  imprisonment  not  exceeding  thirty  (30)  days,  or  both  such 
fine  and  imprisonment. 


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Sec.  9.  It  shall  be  lawful  for  the  board  of  health,  in  all 
cases  when  it  may  be  deemed  necessary  for  the  more  speedy 
execution  of  its  orders,  to  cause  any  such  nuisance  or  nuisances 
to  be  abated  or  removed  at  the  expense  of  the  city,  and  to 
cause  any  such  nuisance  or  nuisances  which  may  exist  upon 
the  property  of  non-resident  owners,  or  where  the  owners  of 
such  property  cannot  be  found,  or  are  unknown  and  cannot  be 
ascertained,  to  cause  any  such  nuisancces  to  be  abated  or  re- 
moved in  like  manner  at  the  expense  of  the  city,  and  the  sum 
or  sums  so  expended  in  the  abatement  or  removal  of  such 
nuisances  in  such  cases  with  lawful  interest  thereon,  shall  be 
an  incumbrance,  as  any  tax  upon  real  estate,  upon  the  lots 
or  premises  from  or  upon  which  said  nuisance  or  nuisances 
shall  be  abated  or  removed,  and  payment  thereof  may  be  en- 
forced in  like  manner  as  other  taxes  upon  real  estate  author- 
ized to  be  levied  by  the  city. 

Sec.  10.  It  shall  be  the  duty  of  the  board  of  health  to 
cause  any  avenue,  street  or  alley,  or  other  passage  whatever 
to  be  fenced  up  or  otherwise  enclosed,  if  it  thinks  that  the 
public  safety  requires  it  and  to  adopt  suitable  measures  to 
prevent  all  persons  from  going  to  any  part  of  the  city  so  en- 
closed, except  by  authority;  by  resolution,  to  direct  any  bed- 
ding, clothing,  putrid  or  unsound  beef,  pork,  fish,  hides  or 
skins  of  any  kind,  or  other  articles  found  within  the  city,  and 
which  in  its  opinion  shall  be  dangerous  to  the  inhabitants 
thereof,  to  be  destroyed  in  such  manner  as  it  may  direct; 
and  it  may  employ  such  persons  as  it  may  deem  proper,  to 
remove  or  destroy  such  articles;  and  any  person  who  shall 
in  any  manner  resist  or  hinder  any  person  so  employed,  shall 
be  guilty  of  a misdemeanor,  and  upon  conviction  thereof 
shall  be  punished  by  a fine  not  exceeding  one  hundred 
(100)  dollars  or  imprisonment  not  exceeding  thirty  days,  or 
both,  and  all  such  fines,  when  collected,  shall  be  paid  into  the 
city  treasury;  to  procure  suitable  places  for  the  reception  of 
persons  sick  of  pestilential,  infectious  or  contagious  diseases, 
and  in  all  cases,  when  sick  persons  cannot  otherwise  be  pro- 
vided for,  to  procure  for  them  medicine,  medical  and  other 
proper  attendance  and  provisions,  to  forbid  and  prevent  all 
communication  with  the  house  or  family  infected  with  any 
contagious,  infectious  or  pestilential  diseases,  except  by  means 
of  physicians,  nurses  and  messengers,  to  carry  the  necessary 
advice,  medicines  and  provisions  to  the  afflicted;  to  publish 
from  time  to  time  all  such  regulations  as  it  shall  make,  in 


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such  manner  as  to  secure  early  and  full  publicity  thereto. 

Sec.  11.  The  board  of  health  during  the  prevalence  of 
Asiatic  cholera,  or  any  epidemic  disease,  when  by  it  deemed 
necessary,  shall  have  power  to  take  possession  of  and  occupy 
for  temporary  hospitals,  any  suitable  building  or  buildings 
in  the  city;  but  the  city  of  Chillicothe  shall  pay  for  private 
property,  so  taken,  a just  compensation  for  the  same. 

Sec.  12.  It  shall  be  the  duty  of  the  board  of  health,  on 
complaint  being  made  to  it,  or  whenever  it  shall  deem  any 
business,  trade  or  profession  carried  on  by  any  person  or 
persons  or  corporations  within  the  sanitary  jurisdiction  of  the 
city,  detrimental  to  the  public  health,  to  notify  such  person 
or  persons  or  corporations,  to  show  cause-  before  the  board  of 
health  at  a time  and  place  to  be  specified  in  such  notice,  why 
the  same  should  not  be  discontinued  or  removed,  which  notice 
shall  be  a notice  of  not  less  than  three  days;  except  in  cases  of 
epidemic  and  pestilence,  the  board  of  health  may,  by  a general 
order,  direct  a shorter  time,  not  less  than  twenty-four  (24) 
hours,  and  it  may  be  served  by  leaving  same  at  place  of  bus- 
iness or  residence  of  the  parties  to  be  affected  thereby.  Cause 
.may  be  shown  by  affidavit,  and  if  in  the  opinion  of  the  board 
of  health  no  good  and  sufficient  cause  be  shown,  why  the 
same  should  not  be  discontinued,  or  removed,  the  board  shall 
order  the  said  parties  to  discontinue  or  remove  the  same  within 
such  time  as  the  board  may  deem  reasonable  or  necessary, 
and  the  order  of  the  board  shall  be  final  and  conclusive 
therein. 

Sec.  13.  Any  person  failing  or  refusing  to  obey  such 
lawful  order  of  said  board  of  health,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  convicition  thereof,  shall  be 
punished  by  a fine  of  not  more  than  one  hundred  (100)  dol- 
lars, or  by  imprisonment  not  more  than  thirty  (30)  days, 
or  by  both  such  fine  and  imprisonment;  and  such  person  or 
persons  shall  be  subject  to  like  punishment  for  each  and  every 
day  he,  she  or  they  shall  continue  such  business,  trade  or 
t profession  after  the  time  specified  in  the  order  of  the  board 
of  health  for  the  removal  of  the  same. 

Sec.  14.  Such  fines,  as  mentioned  in  the  preceding  sec- 
tion, shall  be  collected  as  other  fines,  and  when  so  collected 
shall  be  paid  into  the  city  treasury. 

Sec.  15.  It  shall  be  the  duty  of  each  and  every  practic- 
ing physician  in  the  city  of  Chillicothe : 

First,  Whenever  required  by  the  board  of  health,  to 


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report  to  such  board  at  such  time  and  in  such  form  as  it  may 
prescribe,  the  number  of  persons  attacked  with  any  pestilential, 
contagious  or  infectious  diseases  attended  by  such  physician 
for  the  twenty- four  hours  next  preceding  and  the  number  of 
persons  attended  by  such  physician  who  shall  have  died  within 
twenty-four  hours  next  preceding  such  report,  of  any  such 
pestilential,  contagious  or  infectious  disease. 

Second,  To  report  in  writing  to  said  board  of  health 
every  patient  who  shall  have  been  laboring  under  any  pestil- 
ential or  infectious  diseases  within  twenty-four  hours  after  he 
shall  ascertain  or  suspect  the  nature  of  such  disease. 

Third,  To  report  to  the  board  of  health,  when  by  it  re- 
quired, the  death  of  any  patient  who  shall  have  died  of  any 
disease  within  twenty-four  hours  from  the  time  of  such  death, 
and  to  state  in  such  report  the  specific  nature  and  type  of  such 
disease. 

Sec.  16.  Any  practicing  physician  who  shall  neglect  or 
refuse  to  perform  the  duties  required  of  him,  by  or  in  any 
of  the  foregoing  sections,  shall  be  considered  guilty  of  a mis- 
demeanor and  upon  conviction  thereof  shall  be  punished  by 
a fine  of  not  more  than  one  hundred  (100)  dollars  for  each 
offence,  to  be  collected  and  paid  into  the  city  treasury  as 
other  fines. 

Sec.  17.  The  members  of  the  board  shall  each  receive 
such  a salary  for  their  services  as  the  city  council  shall  from 
time  to  time  determine,  and  the  city  council  shall,  in  making 
their  annual  appropriations  for  the  expenses  of  the  city  gov- 
ernment, estimate  and  appropriate  such  sums  as  may  be  neces- 
sary for  the  payment  of  the  salaries  and  compensation  of  the 
members  of  the  board,  and  of  such  other  medical  officers, 
and  all  other  servants  and  employes  as  they  are  herein  au- 
thorized to  appoint  and  employ,  and  all  other  necessary  ex- 
penses incurred  by  the  board  in  the  performance  of  their  duties 
herein  prescribed,  and  which  expenses  shall  be  audited  and  al- 
lowed and  paid  as  other  expenses  of  the  city  government. 

Sec.  18.  The  city  council  shall  have  power  to  further 
define  the  duties  of  the  board  of  health,  and  to  pass  such 
ordinances  in  aid  of  the  power  of  the  board  of  health  as  may 
tend  to  promote  and  secure  the  general  health  of  the  inhabi- 
tants of  the  city. 

Sec.  19.  It  shall  be  the  duty  of  all  magistrates  and  civil 
officers,  and  of  all  citizens,  to  aid,  to  the  utmost  of  their 
power,  the  board  of  health  in  the  performance  of  their  duties, 
as  herein  prescribed. 


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City  Charter 


ARTICLE  VIII. 


FIRE  DEPARTMENT. 


Section 

1.  Powers  of  the  City  Council  for  Purpose  of  Guarding  Against 

Fires. 

2.  Further  Powers  of  Council  for  Prevention  of  Fires. 

3.  Fire  Department;  Its  Organization  and  Control. 

4.  Firemen  Exempt  From  Poll  Tax  and  Jury  Duty. 


Section  1.  The  city  council,  for  the  purpose  of  guard- 
ing against  the  calamities  of  fire,  shall  prohibit  the  erection, 
placing  or  repairing  of  wooden  buildings,  within  the  limits 
prescribed  by  them,  without  their  permission,  and  direct  and 
prescribe  that  all  buildings  within  the  limits  prescribed  shall 
be  made  or  constructed  of  fire  proof  materials,  and  to  pro- 
hibit building  or  repairing  wooden  buildings  within  the  fire 
limits  when  the  same  shall  have  been  damaged  to  the  extent 
of  30  per  cent,  of  the  value  thereof,  and  to  prescribe  the  man- 
ner of  ascertaining  such  damages ; to  declare  all  dilapidated 
buildings  to  be  nuisances,  and  to  direct  the  same  to  be  repaired, 
removed  or  renovated,  in  such  manner  as  they  shall  prescribe 
or  direct ; to  declare  all  wooden  fiuildings,  lumber  yards,  wood 
and  coal  yards,  manufactories  or  shops  within  the  fire  limits, 
which  they  may  deem  dangerous  to  contiguous  buildings,  or 
in  causing  or  promoting  fires,  to  be  nuisances,  and  to  require 
or  cause  the  same  to  be  removed  or  abated  in  such  manner  as 
they  shall  prescribe. 

Sec.  2.  The  city  council  shall  have  power : 

First,  To  prevent  and  prohibit  the  dangerous  construc- 
tion of  chimneys,  flues,  fire  places,  stovepipes,  ovens  and  other 
apparatus  used  in  or  about  any  building  or  manufactory,  and 
cause  the  same  to  be  removed  or  placed  in  a safe  and  secure 
condition  when  considered  dangerous. 

Second,  To  prevent  the  eposit  of  ashes  in  unsafe 
places,  and  to  appoint  one  or  more  officers  to  enter  into  build- 
ings and  enclosures,  to  examine  whether  the  same  are  in  a 
dangerous  state,  and  to  cause  such  as  may  be  dangerous  to 
be  put  in  a safe  condition. 

Third,  To  regulate  and  prevent  the  carrying  on  of 
manufactories,  and  shops,  and  works,  dangerous  in  promoting 
or  causing  fires. 

Fourth,  To  regulate,  prevent  and  prohibit  the  use  of 
fire-works  and  fire-arms. 

Fifth,  To  direct  and  prohibit  the  management  of  houses 
for  the  storage  of  gunpowder  and  other  dangerous  and  com- 


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bustible  materials  within  the  city;  to  regulate  the  keeping  and 
conveying  of  the  same,  and  the  use  of  candles  and  other  lights 
in  stables,  and  other  like  houses. 

Sixth . To  regulate  and  prescribe  the  manner  and  order 
of  the  building  of  parapets  and  partition  walls  and  partition 
fences. 

Seventh , To  compel  the  owners  or  occupants  of  houses 
or  other  buildings  to  have  scuttles  on  the  roofs,  and  stairs  or 
ladders  leading  to  the  same. 

Eighth , To  authorize  the  mayor  or  other  officers  of  said 
city  to  keep  away  from  the  vicinity  of  any  fire  all  idle  and 
suspicious  persons,  and  to  compel  all  officers  of  the  city  and 
all  other  persons  to  aid  in  the  extinguishment  of  fires  and  in 
the  preservation  of  property  exposed  thereat,  and  in  prevent- 
ing  goods  from  being  stolen. 

Ninth,  And  generally  to  establish  such  regulations  for 
the  prevention  and  extinguishment  of  fires,  as  the  city  council 
may  deem  expedient. 

Sec.  3.  The  city  council  may  procure  steam  fire  engines 
and  other  apparatus  used  for  the  extinguishment  of  fires,  and 
have  the  charge  and  control  of  the  same,  and  provide  fit  and 
secure  houses  and  other  places  for  keeping  and  preserving  the 
same,  and  shall  have  power : 

First,  To  organize  hook,  hose,  ax  and  ladder  companies. 

Second,  To  appoint  and  pay  during  their  pleasure  a 
competent  number  of  all  able  and  reputable  inhabitants  of  the 
city  as  firemen,  to  take  the  care  and  management  of  the  en- 
gines and  other  apparatus  and  implements  used  and  provided 
for  the  extinguishment  of  fires. 

Third,  To  prescribe  the  duties  of  firemen,  to  make  iTles 
and  regulations  for  their  government,  and  to  impose  reason- 
able penalties  upon  them  for  violation  of  the  same;  and  for 
incapacity,  neglect  of  duty  or  misconduct,  to  remove  them. 

Fourth,  The  city  council  shall  have  power  to  appoint  a 
chief  and  assistant  engineer  of  the  fire  department,  and  they, 
with  the  other  firemen,  shall  take  the  care  and  management  of 
the  engines  and  other  apparatus  and  implements  provided  and 
used  for  extinguishment  of  fires,  and  their  powers  and  duties 
shall  be  prescribed  by  the  city  council. 

Sec.  4.  The  firemen,  during  their  services  as  such  shall 
be  exempt  from  paying  any  poll  tax,  or  serving  on  juries. 
The  name  of  each  fireman  shall  be  registered  with  the  city 
clerk,  and  the  evidence  to  entitle  him  to  exemption  provided 


36 


City  Charter 


in  this  section,  shall  be  the  certificate  of  the  clerk  under  the 
corporate  seal,  for  the  year  for  which  the  exemption  is 
claimed. 


ARTICLE  IX. 

MISCELLANEOUS  PROVISIONS. 

Section 

1.  City  Ordinances  to  Relate  to  But  One  Subject. 

2.  Style  of  Such  Ordinances. 

3.  Penal  Ordinances  to  Be  Published;  Ordinance  to  Take  Effect, 

When. 

4.  Revised  Ordinances  to  Be  Published,  When;  Annual  Publica- 

tion of  Ordinances. 

5.  Ordinances,  How  Pleaded. 

6.  Ordinances,  etc..  Not  Conflicting  With  This  Act,  to  Remain  in 

Force. 

7.  Actions  to  Recover  Penalties  Under  This  Act,  to  Be  Brought, 

How. 

8.  Process  to  Be  by  Summons,  When. 

9.  Warrants  to  Issue,  When. 

10.  Power  of  Officers  to  Commit  and  Retain  Persons  in  Custody. 

11.  Act  Not  to  Be  Retrospective  in  Its  Effect. 

12.  No  Person  Incompetent  as  Juror,  etc. 

13.  Act  Declared  to  Be  a Public  Act. 

14.  May  Be  Altered  or  Repealed,  by  Whom. 

15.  Act  to  Be  Promulgated,  by  Whom. 

16.  Other  Acts  of  Incorporation  Repealed. 

17.  Act  to  Take  Effect,  When. 

Section  1.  The  style  of  all  ordinances  shall  be:  “Be  it. 

Ordained  by  the  Mayor  and  City  Council  of  the  City-of  Chilli - 
cothe,”  but  may  be  entitled  when  the  ordinances  are  published 
m'Book  or  pamphlet  form,  as  herein  prescribed. 

Sec.  2.  Every  ordinance  imposing  any  fine,  penalty  or 
imprisonment,  or  forfeiture,  for  violation  of  its  provisions, 
shall,  after  the  passage  thereof,  be  published  in  the  official 
newspaper  of  said  city,  and  proof  of  such  publication,  by  the 
affidavit  of  the  printer  or  publisher  of  such  newspaper,  taken 
before  any  officer  authorized  to  administer  oaths,  and  filed 
with  the  city  clerk,  or  any  other  competent  proof  of  such  pub- 
lication, shall  be  conclusive  evidence  of  the  legal  publication, 
and  promulgation  of  such  ordinance  in  all  courts  and  places. 
Ordinances  passed  by  city  council  and  requiring  publication, 
shall  be  in  force  from  and  after  the  due  publication  thereof, 
unless  it  be  otherwise  provided.  Ordinances  not  requiring 
publication  shall  take  effect  and  be  in  force  from  and  after 
their  passage,  unless  it  shall  be  therein  otherwise  expressly 
provided. 

Sec.  3.  The  ordinances  of  said  city,  as  revised  under 
this  charter,  which  are  of  general  character,  shall  be  pub- 
lished within  six  months  after  the  passage  of  this  act.  and  it 


City  Charter 


37 


shall  be  the  duty  of  the  city  council  to  cause  to  be  printed  in 
pamphlet  form  for  distribution  at  the  end  of  each  municipal 
year  all  the  ordinances  passed  during  the  said  year  and  then 
in  force. 

Sec.  4.  In  pleading  any  ordinance  of  said  city,  or  a right 
derived  therefrom,  it  shall  be  sufficient  to  refer  to  such  ordin- 
ance by  its  title  and  the  day  of  its  passage. 

Sec.  5.  All  ordinances,  regulations  and  resolutions  now 
in  for.ce,  and  not  inconsistent  with  the  provisions  of  this  act, 
shall  remain  and  be  in  force  until  altered,  modified  or  repealed 
by  the  city  council. 

Sec.  6.  All  actions  brough  to  recover  any  penalty  or 
forfeiture  incurred  under  this  act,  or  any  ordinance,  by-law 
or  police  regulations  made  in  pursuance  thereof,  shall  be 
brought  in  the  corporate  name.  It  shall  be  lawful  to  declare 
generally  in  debt  for  such  penalty,  fine  or  forfeiture,  stating 
the  clause  of  this  act  or  the  by-laws  or  ordinances  under 
which  this  penalty  or  forfeiture  is  claimed,  and  to  give  the 
special  matter  in  evidence  under  it. 

Sec.  7.  In  all  prosecutions  for  any  violation  of  any 
ordinance,  by-law  or  other  reguation  of  such  city,  the  first 
process  shall  be  by  summons,  unless  oath  or  affirmation  be 
made  for  a warrant,  as  herein  provided. 

Sec.  8.  A warrant  shall  issue  in  all  cases  in  favor  of 
the  City  of  Chillicothe,  for  a violation  of  any  ordinance,  by- 
laws or  other  regulation,  when  any  person  shall  make  an  oath 
or  affirmation  that  such  a violation  has  been  committed,  or 
upon  information  by  the  city  attorney,  marshal  or  constable. 

Sec.  9.  The  mayor,  councilmen,  marshal  or  his  deputies, 
and  all  public  officers  shall  be  conservators  of  the  peace,  and 
all  officers  of  the  city  created  conservators  of  the  peace  by 
this  act,  or  authorized  by  any  ordinance,  shall  have  power  to 
arrest  or  cause  to  be  arrested,  with  or  without  process,  all 
persons  who  shall  break  the  peace,  or  be  found  violating  any 
ordinance  of  the  city,  commit  for  examination,  and  if  neces- 
sary, detain  such  persons  over  night  of  the  Sabbath,  in  the  city 
prison  or  any  other  safe  place,  or  until  they  can  be  brought 
before  the  city  recorder,  and  shall  have  and  exercise  such 
other  powers  as  conservators  of  the  peace  as  the  city  council 
may  prescribe. 

Sec.  10.  This  act  shall  not  invalidate  any  legal  act  done 
by  the  city  council  or  by  its  officers,  nor  divest  their  successors 
under  this  act  of  any  right  or  property  or  otherwise;  or  lia- 


38 


City  Charter 


bility  which  may  have  accrued  to  or  been  created  by  said  cor- 
poration prior  to  the  passage  of  this  act,  and  all  rights,  actions, 
fines,  penalties  and  forfeitures,  in  suit  or  otherwise,  which 
have  accrued  from  the  several  acts  heretofore  in  force,  shall 
be  vested  in  and  prosecuted  or  defended  by  the  said  corpora- 
tion. 

Sec.  11.  No  person  shall  be  an  incompetent  judge,  jus- 
tice, witness,  or  juror,  by  reason  of  his  being  and  inhabitant 
or  freeholder  in  the  city  of  Cillicothe,  in  any  action  or  pro- 
ceeding in  which  the  said  city  shall  be  a party  in  interest. 

Sec.  12.  This  act  is  hereby  declared  to  be  a public  act, 
and  may  be  read  in  evidence,  in  all  courts  of  law  and  equity 
in  this  State,  without  further  proof,  when  specially  pleaded. 

Sec.  13.  The  General  Assembly  may  at  any  time  alter, 
amend  or  repeal  this  charter. 

Sec.  14.  The  mayor  and  city  council  of  said  city  of 
Chillicothe,  shall,  immediately  after  the  passage  of  this  act, 
promulgate  the  same  within  the  limits  of  said  city,  in  such 
manner  as  in  their  discretion  they  shall  think  proper. 

Sec.  15.  All  other  acts  or  parts  of  acts,  heretofore 
passed,  inconsistent  with  this  act,  incorporating  said  city  of 
Chillicothe,  are  hereby  repealed. 

Sec.  16.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  26th  February,  1869. 

J.  W.  McClurg. 

AMENDMENTS  TO  CITY  CHARTER. 

AN  ACT  TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  INCORPOR- 
ATE THE  CITY  OF  CHILLICOTHE,  APPROVED  MARCH  1ST, 
1855,  AND  THE  ACTS  AMENDATORY  THERETO. 

1.  Annual  Election,  When  Held  and  How  Governed,  Notice  to  Be 

Given. 

2.  Qualification  of  Voters  in  City  and  Wards. 

3.  The  Council  to  Have  Exclusive  Power  to  License,  Tax  and 

Regulate  Dram  Shops  and  Tippling  Houses,  Ten  Pin  Alleys 

and  Billiard  Tables. 

4.  The  City  Recorder,  by  Virtue  of  His  Office,  Shall  Be  City  Clerk. 

5.  The  City  Marshal,  by  Virtue  of  His  Office,  Shall  Be  Street 

Commissioner. 

6.  The  City  Treasurer,  by  Virtue  of  His  Office  Shall  Be  Collector 

of  Taxes  and  Revenue. 

7.  All  Acts  Inconsistent  With  This  Act  Repealed. 

8.  This  Act  to  Take  Effect  From  and  After  Passage. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis- 
souri, as  follows: 

Section  1.  Section  21  of  Article  II  of  said  act  is  hereby 


City  Charter 


39 


and  the  same  is  amended  to  read  as  follows:  Section  21. 

There  shall  be  an  annual  election  held  in  said  city  on  the  first 
Monday  in  May  in  each  year,  for  the  purpose  of  electing  a 
mayor,  a councilman  from  each  ward,  a councilman  at  large, 
and  a city  marshal ; which  said  election  shall  be  governed  in 
all  respects,  as  far  as  practicable,  by  the  general  election  laws 
of  this  State;  and  the  city  council  may  establish  by  ordinance 
as  many  election  districts  and  places  of  voting  at  said  election 
as  they  may  deem  necessary;  they  shall  appoint  the  judges  and 
clerks  of  said  election ; they  shall  also  give  at  least  fourteen 
days’  notice  of  any  election  by  publication  in  some  newspapers 
published  in  said  city. 

Sec.  2.  Section  26  of  Article  II  of  said  act  is  hereby 
amended  to  read  as  follows : Section  26.  No  person  shall  be 

entitled  to  vote  at  any  election  under  this  act  who  is  not  en- 
titled to  vote  at  State  elections;  he  shall  moreover  have  been 
an  actual  resident  of  the  city  for  sixty  days,  and  of  the  ward 
for  which  he  votes  thirty  days.  Provided , That  the  voter  shall 
be  deemed  a resident  of  the  ward  in  which  he  has  lodged  for 
thirty  days  next  preceding  the  election  at  which  he  votes. 

Sec.  3.  The  city  council  shall  have  sole  and  exclusive 
power  to  license,  tax,  and  regulate  dram  shops  and  tippling 
houses,  ten-pin  alleys  and  billiard  tables,  within  the  corporate 
limits  of  the  city. 

Sec.  4.  That  hereafter  the  city  recorder  shall  be,  by 
virtue  of  his  office,  city  clerk,  and  shall  have  and  possess  all 
the  powers  granted  by  the  city  charter  and  the  ordinances 
made  in  pursuance  thereof  to  the  city  clerk,  and  shall  be  liable 
to  all  the  duties  and  obligations  thereby  imposed. 

Sec.  5.  That  hereafter  the  city  marshal  shall,  by  virtue 
of  his  office,  be  street  commissioner,  and  shall  have  and  pos- 
sess all  the  powers  granted  by  the  city  charter  and  the  ordin- 
ances made  in  pursuance  thereof  to  the  street  commissioner, 
and  shall  be  liable  to  all  the  duties  and  obligations  thereby 
imposed. 

Sec.  6.  That  hereafter  the  city  treasurer  shall,  by  virtue 
of  his  office,  be  collector  of  taxes  and  revenue  within  the  city ; 
shall  have  and  possess  all  the  powers  granted  by  this  charter 
and  the  ordinances  made  in  pursuance  thereof,  for  the  regula- 
tion and  control  of  the  collector  of  the  taxes  and  revenue,  and 
shall  be  liable  to  all  the  duties  and  obligations  thereby  imposed. 

Sec.  7.  That  all  acts  and  parts  of  acts  inconsistent  with 
this  act  be  and  the  same  are  hereby  repealed. 


40 


City  Charter 


Sec.  8.  This  act  to  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  March  17th,  1873. 

AN  ACT  TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  INCORPOR- 
ATE THE  CITY  OF  CH1LLICOTHE,  APPROVED  MARCH  1ST, 
1855,  AND  THE  ACTS  AMENDATORY  THERETO. 

1.  Election  of  City  Officers  to  Be  Held,  When. 

2.  City  Marshal,  His  Appointment. 

3.  Inconsistent  Acts  Repealed. 

4.  Act  to  Take  Effect,  When. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis- 
souri, as  follows: 

Section  1.  Section  1 of  the  amendatory  act  approved 
March  17,  1873,  be  and  the  same  is  hereby  amended  to  read 
as  follows:  Section  1.  There  shall  be  an  election  held  an- 

nually in  said  city  on  the  first  Monday  in  May  in  each  year, 
for  the  purpose  of  electing  a mayor,  a councilman  from  each 
ward,  and  a councilman-at-large,  which  said  election  shall  be 
governed  in  all  respects,  as  far  as  practicable,  by  the  general 
election  law  of  this  State;  and  the  city  council  may  establish 
by  ordinance  as  many  election  districts  and  places  of  voting 
at  said  election  as  they  may  deem  necessary ; they  shall  appoint 
the  judges  and  clerks  of  the  election;  they  shall  give  at  least 
fourteen  days’  notice  of  any  election,  by  publication  in  some 
newspaper  published  in  said  county. 

Sec.  2.  There  shall  be  a city  marshal,  who  shall  be  ap- 
pointed by  the  mayor  and  city  council,  who  shall  hold  his 
office  one  year,  and  until  his  successor  shall  be  duly  appointed 
and  qualified,  unless  sooner  removed  by  a majority  vote  of 
the  city  council,  which  may  be  done  at  any  time  in  the  discre- 
tion of  the  council. 

Sec.  3.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Sec.  4.  This  act  to  take  effect  and  be  in  force  from  and 
after  the  7th  day  of  May,  A.  D.  1874. 

Approved  March  30,  1874. 

AN  ACT  TO  AMEND  AN  ACT  ENTITLED  “AN  ACT  TO  REPEAL 
SECTION  6263,  CHAPTER,  91,  REVISED  STATUTES  OF  MIS- 
SOURI, 1899,  AND  ENACTING  A NEW  SECTION  IN  LIEU 
THEREOF,  PROVIDING  FOR  THE  ELECTION  OF  CERTAIN 
OFFICERS  AND  FIXING  THEIR  TENURE  OF  OFFICE  IN 
CITIES  AND  TOWNS  UNDER  SPECIAL  CHARTERS  AND  HAV- 
ING THREE  THOUSAND  INHABITANTS  OR  N.OT  MORE  THAN 
TEN  THOUSAND  INHABITANTS,  AND  REPEALING  ALL  ACTS 
OR  PARTS  OF  ACTS  IN  CONFLICT  THEREWITH,  WITH  AN 


City  Charter 


41 


EMERGENCY  CLAUSE,”  APPROVED  MARCH  11,  1901,  WITH 
AN  EMERGENCY  CLAUSE. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Mis- 
souri,, as  folloivs: 

Section  1.  Section  1 of  an  act  entitled  “An  act  to  repeal 
Section  6263,  Chapter  91,  Revised  Statutes  of  Missouri,  1899, 
and  enacting  a new  section  in  lieu  thereof,  providing  for  the 
election  of  certain  officers  and  fixing  their  tenure  of  office  in 
cities  and  towns  under  special  charter,  and  having  three  thous- 
and inhabitants  or  not  more  than  ten  thousand  inhabitants  and 
repealing  all  acts  or  parts  of  acts  in  conflict  therewith,  with 
an  emergency  clause,  “Approved  March  11,  1901,  is  hereby 
amended  by  adding  after  the  word  “mayor”  and  before  the 
word  “one”  in  the  seventh  line  thereof,  the  words  “a  council- 
man-at-large,” and  by  adding  after  the  word  “attorney”  and 
before  the  word  “and,”  in  the  eighth  line  thereof  the  words 
“a  treasurer,”  who  shall  be  by  virtue  of  his  office  collector 
of  revenue  of  such  city,  and  auditor”;  so  that  Section  6263, 
when  amended,  shall  read  as  follows.  Section  6263.  At  the 
next  general  election  for  municipal  officers  in  all  cities  and 
towns  under  special  charters  and  having  three  thousand  in- 
habitants or  not  more  than  ten  thousand  inhabitants  there  shall 
be  elected  a mayor,  a councilman-at-large,  one  councilman 
from  each  ward,  a constable,  an  assessor,  an  attorney,  a treas- 
urer, who  shall  be  by  virtue  of  his  office  collector  of  revenue 
of  such  city,  an  auditor,  and  a clerk,  each  of  whom  shall  hold 
their  respective  offices  for  two  years,  and  their  successors 
shall  be  elected  accordingly. 

Sec.  2.  All  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Sec.  3.  As  some,  of  the  cities  and  towns  to  which  this 
act  will  apply  will  elect  officers  in  April  and  May,  1903,  an 
emergency  exists  within  the  meaning  of  the  constitution; 
therefore,  this  act  shall  be  in  force  and  effect  from  and  after 
its  passage. 

Approved  March  23,  1903. 


RULES  AND  ORDER  OF  BUSINESS 
OF  THE 

CITY  COUNCIL 
OF  THE 

CITY  OF  CHILLICOTHE. 
ADOPTED  BY  THE  CITY  COUNCIL. 


ORDINANCE  No.  1. 

Rule  1.  Meetings  of,  and  Order  of  Business. — That  the 
stated  meetings  of  the  city  council,  shall  be  held  on  the  first 
and  third  Monday  of  each  month,  at  7 o’clock  p.  m.  at  the 
city  clerk’s  office,  in  the  city  hall  building,  and  that  special 
meetings  thereof,  may  be  called  by  the  Mayor  or  any  two 
councilmen,  by  leaving  written  notice  thereof  at  the  residence 
of  the  respective  members  of  the  city  council,  unless  said  notice 
be  personally  served  on  each  member,  and  service  of  such  no- 
tice shall  be,  and  is  hereby  made  the  duty  of  the  city  constable, 
such  special  meetings  to  be  held  at  the  city  clerk’s  office,  city 
hall  building. 

The  city  constable  shall  have  charge  of  the  council 
chamber,  and  give  his  attendance  on  the  meetings  of  the  Coun- 
cil. 

Rule  2.  At  the  hour  appointed  for  the  meeting,  the 
clerk  (or  some  one  appointed  to  supply  his  absence)  shall 
proceed  to  call  the  roll  of  members,  marking  the  absentees, 
and  announce  whether  a quorum  be  present.  Upon  the  ap- 
pearance of  a quorum,  the  council  shall  be  called  to  order,  the 
mayor  taking  the  chair  if  present,  and  the  councilman-at-large, 
as  chairman,  if  he  should  be  absent.  The  council  shall  then 
proceed  to  the  business  before  them,  which  shall  be  conducted 
in  the  order  following : 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the 
last  meeting  or  meetings,  amendment  or  approval  of  the 
same. 

2.  The  presentation  of  petitions  and  reports  of  officers. 


44 


City  Okdinances 


3.  The  reports  of  standing  committees. 

4.  Reports  of  select  committees. 

5.  Communications  to  the  City  Council,  which  may  also 
be  considered  at  any  time. 

6.  Unfinished  business  of  preceding  meetings. 

7.  Motions,  resolutions  and  notices. 

Rule  3.  All  questions  relating  to  the  priority  of  business 
shall  be  decided  without  debate. 

Rule  4.  The  mayor  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  subject  to  an  appeal  to 
the  city  council. 

Rule  5.  While  the  mayor  is  putting  the  question,  no 
member  shall  walk  across  or  out  of  the  council  room. 

Rule  6.  When  the  city  council  adjourns,  the  members 
shall  keep  their  seats  until  the  mayor  shall  have  left  the  chair. 

Rule  7.  Every  member,  previous  to  his  speaking,  shall 
rise  from  his  seat  and  address  himself  to  the  mayor,  and  say, 
Mr.  President — but  shall  not  proceed  with  his  remarks  until 
recognized  and  named  by  the  chair. 

Rule  8.  When  two  or  more  members  rise  at  once,  the 
mayor  shall  name  the  member  who  is  first  to  speak. 

Rule  9.  No  member  shall  speak  more  than  twice  to  the 
same  general  question,  nor  more  than  once  to  a “previous 
question,”  without  leave  of  the  city  council,  nor  more  than 
once  in  any  case,  until  every  member  choosing  to  speak  shall 
have  spoken. 

Rule  10.  While  a member  is  speaking,  no  member  shall 
entertain  any  private  discourse,  or  pass  between  him  and  the 
chair. 

Rule  11.  A member  called  to  order  shall  immediately 
sit  down,  unless  permitted  to  explain.  If  there  be  no  appeal, 
the  decision  of  the  chair  shall  be  conclusive;  but  if  the  member 
appeal  to  the  city  council  from  the  decision  of  the  chair,  the 
city  council  shall  decide  on  the  case  without  debate. 

Rule  12.  Every  member  who  shall  be  present  when  a 
question  is  stated  from  the  chair,  shall  vote  thereon,  unless  ex- 
cused by  the  city  council,  or  unless  he  be  directly  interested 
in  the  question,  in  which  case  he  shall  not  vote. 

Rule  13.  No  motion  shall  be  debated  or  put  unless  it  be 
seconded.  When  a motion  is  seconded,  it  shall  be  stated  by 
the  mayor  before  debate;  and  every  such  motion  shall  be  re- 
duced to  writing,  if  required  by  a member. 

Rule  14.  After  a motion  or  resolution  is  stated  by  the 


City  Ordinances 


45 


mayor  it  shall  be  deemed  to  be  in  possession  of  the  city  coun- 
cil, but  may  be  withdrawn  at  any  time  before  a decision  or 
amendment. 

Rule  15.  If  the  question  in  debate  contains  several  dis- 
tinct propositions,  any  member  may  have  the  same  divided. 

Rule  16.  When  a blank  is,  to  be  filled,  and  different 
sums  or  times  proposed,  the  question  shall  first  be  put  upon 
the  largest  sum  and  longest  time. 

Rule  17.  When  a question  is  under  debate,  no  motion 
shall  be  received  unless  for  the  “previous  question,”  to  post- 
pone it  indefinitely;  to  adjourn  it  to  a certain  day;  to  lay  it 
on  the  table;  to  amend  it;  or  to  adjourn  the  city  council. 

Rule  18.  A motion  for  the  “previous  question,”  to  lay 
the  question  on  the  table,  or  to  commit  it,  until  it  is  decided, 
shall  preclude  all  amendment  and  debate  on  the  main  ques- 
tion, and  a motion  to  postpone  a question  indefinitely,  or  to 
adjourn  it  to  a certain  day,  shall,  until  it  is  decided,  preclude 
all  amendements  to  the  main  question. 

• Rule  19.  The  “previous  question”  shall  be  as  follows: 
“Shall  the  main  question  now  be  put  ?” 

Rule  20.  A motion  to  adjourn  the  city  council  shall 
always  be  in  order,  except,  first,  when  a member  is  in  posses- 
sion of  the  floor ; second,  while  the  yeas  and  nays  are  being 
called;  third,  when  the  members  are  voting;  fourth,  when 
adjournment  was  the  last  preceding  question;  or  fifth,  when  it 
has  been  decided  that  a previous  question  shall  be  taken. 

Rule  21.  It  all  cases  when  a resolution  or  motion  shall 
be  entered  on  the  minutes  of  the  city  council,  the  name  of  the 
member  moving  the  same  shall  be  also  entered  on  the  minutes. 

Rule  22.  If  any  member  requires  it,  the  yeas  and  nays 
upon  any  question  shall  be  taken  and  entered  on  the  minutes; 
but  the  years  and  nays  shall  not  be  taken  unless  called  for 
previously  to  any  vote  upon  the  question. 

Rule  23.  All  committees  shall  be  appointed  by  the  mayor, 
unless  otherwise  specially  directed  by  the  city  council,  in  which 
case  they  shall  be  appointed  by  ballot. 

Rule  24.  Standing  and  select  committees  to  whom  ref- 
erences are  made,  shall  in  all  cases  report  in  writing  the  state 
of  facts,  with  their  opinions  thereon. 

Rule  25.  All  reports  of  committees  shall  be  addressed 
to  the  mayor  and  councilmen  of  the  City  of  Chillicothe,  in 
council  assembled. 


/ 


46 


City  Ordinances 


Rule  26.  When  a member  wishes  to  present  a communi- 
cation, petition  or  report,  he  shall  rise  in  his  place  and  address 
the  chairman  in  the  usual  form,  and  having  briefly  stated  the 
subject  of  such  communication  or  report  ask  leave  to  present 
the  same. 

Rule  27.  The  city  clerk  shall  forward  all  papers  to  the 
chairman  of  the  appropriate  committees  within  forty-eight 
hours  after  their  reference  shall  have  been  made;  and  it  shall 
be  the  duty  of  the  marshal  to  deliver  them. 

Rule  28.  These  rules  may  be  temporarily  suspended  by  ' 
unanimous  consent  of  all  the  members  present;  but  shall  not 
be  repealed,  altered  or  amended,  unless  by  concurrence  of  two- 
thirds  of  all  the  council  elect. 

Rule  29.  Standing  Committees. — The  standing  commit- 
tees shall  consist  of  three  members  each,  and  shall  be  appointed 
by  the  mayor  biennially,  on  entering  upon  the  duties  of  his 
office;  and  the  mayor  shall  be  ex-officio  chairman  of  all  com- 
mittees, and  attend  all  meetings  of  the  same.  The  following 
shall  be  standing  committees,  to-wit : 

STANDING  COMMITTEES. 

1.  Finance.  3.  Fire  and  Water.  5.  Markets. 

2.  Ways  and  Means.  4.  Public  Works.  6.  Ordinanaces. 

7.  Streets  and  Alleys.  8.  Purchasing. 

Rule  30.  Fiscal  Quarter. — That  the  “fiscal  quarter”  (at 
the  end  of  which  certain  reports,  settlements  and  other  du- 
ties, are  required  by  the  charter  and  city  ordinances  to  be 
made)  shall  commence  and  end  as  follows,  viz. : The  first 

quarter  shall  commence  on  the  first  day  of  April  and  end  on 
the  last  day  of  June  ; and  the  second  quarter  shall  commence 
on  the  first  day  of  July  and  end  on  the  last  day  of  September; 
the  third  quarter  shall  commence  on  the  first  day  of  October 
and  end  on  the  last  day  of  December,  and  the  fourth  quarter 
shall  commence  on  the  first  day  of  January  and  end  on  the 
last  day  of  March,  annually. 

Rule  31.  Fiscal  Year  Shall  Close. — The  fiscal  year  shall 
close  on  the  last  day  of  March  of  each  year,  at  which  time 
the  annual  statement  of  receipts  and  expenditures  is  to  be  pre- 
pared and  submitted. 

Adopted  by  the  city  council,  this  26th  day  of  November, 
1906. 


City  Ordinances 


47 


ORDINANCE  No.  2. 

An  Ordinance  to  Extend  the  Corporate  Limits  of  the 

City  of  Chillicothe,  Missouri,  on  the  North  and 
West,  and  South  and  East  Corporate  Lines. 

Section  1.  Prescribing  the  City  Limits. — Be  it  ordained 
by  the  mayor  and  city  council  of  the  city  of  Chillicothe,  Mis- 
souri, that  the  corporate  boundaries  and  limits  of  the  city  of 
Chillicothe,  Missouri,  as  described  in  Section  two  (2)  of 
Article  one  (1)  of  the  city  charter,  be  and  the  same  are  here- 
by extended  beyond  the  present  boundaries,  as  described  in 
said  section  of  said  charter,  to  the  boundary  line  described  as 
follows,  to-wit : Beginning  at  a cast  iron  monument  at  the 

southeast  corner  of  the  northeast  cpiarter  (%)  of  section 
thirty-six  (36),  township  fifty-eight  (58),  range  twenty-four 
(24)  of  Livingston  County,  Missouri;  thence  north  eight  de- 
grees and  twenty  minutes  (8-20),  west  for  a distance  of  nine- 
teen hundred  and  eighty-nine  feet  (1989  ft.)  to  a cast  iron 
monument  at  the  southeast  corner  of  the  northeast  quarter  of 
the  northeast  quarter  of  the  northeast  quarter  of  said  section 
thirty-six  (36),  township  fifty-eight  (58),  range  twenty-four 
(24)  ; thence  south  eighty-one  degrees  and  forty-five  minutes 
(81-45),  west  for  a distance  of  fifty-three  hundred  and  seven- 
ty-eight  feet  (5378  ft.)  to  a cast  iron  monument  at  the  south- 
west corner  of  the  northwest  quarter  of  the  northwest  quar- 
ter of  the  northwest  quarter  of  said  section  thirty-six  (36), 
township  fifty-eight  (58),  range  twenty-four  (24);  thence 
south  eighty-one  degrees  and  twenty-four  minutes  (81-24) 
went  for  a distance  of  twenty-five  hundred  and  forty-eight 
feet  (2548  ft.)  to  a cast  iron  monument  at  the  southwest 
corner  of  the  northwest  quarter  of  the  northwest  quarter  of 
the  northeast  quarter  of  section  thirty-five  (35),  township 
fifty-eight  (58),  range  twenty-four  (24);  thence  south  seven 
degrees  and  fifty  minutes  (7-50),  east  for  a distance  of' nine- 
teen hundred  and  eighty-three  and  three-fourths  feet  (1983% 
ft. ) to  a cast  iron  monument  in  the  center  of  said  section  thir- 
ty-five (35),  township  fifty-eight  (58),  range  twenty-four 
(24)  ; thence  south  on  same  course  for  a distance  of  eight 
hundred  and  ninety-seven  feet  (897  ft.)  to  a cast  iron  monu- 
ment ; thence  north  eighty-one  degrees  and  twenty-four  min- 
utes (81-24),  east  for  a distance  of  twelve  hundred  and 
sixty-five  and  six-tenths  feet  (1265  6-10  ft.)  to  a cast  iron 
mounument  in  the  center  of  a line  enclosing  the  west  end  of 


48 


City  Ordinances 


Webster  street  in  said  city ; thence  south  seven  degrees  and 
forty-eight  minutes  (7-48),  east  for  a distance  of  seventeen 
hundred  and  thirty-one  and  two-tenths  feet  (1731  2-10  ft.), 
to  a cast  iron  monument  at  the  southwest  corner  of  the  south- 
east quarter  of  the  southeast  quarter  of  said  section  thirty-five 
(35),  township  fifty-eight  (58),  range  twenty-four  (24)  ; 
thence  south  seven  degrees  and  thirty-five  minutes  (7-35),  east 
twenty-six  hundred  and  ninety-five  and  two-tenths  feet  (2695 
2-10  ft.)  to  a cast  iron  monument  at  the  southwest  corner  of 
the  southeast  quarter  of  the  northeast  quarter  of  section  two 
(2),  township  fifty-seven  (57),  range  twenty-four  (24)  ; 
thence  north  eighty-one  degrees  and  thirty  minutes  (81-30) 
east  twelve  hundred  and  sixty-two  and  seven-tenths  feet 
(1262  7-10  ft.)  to  a cast  iron  monument  at  the  northeast 
corner  of  the  southeast  quarter  of  said  section  two  (2), 
township  fifty-seven  (57),  range  twenty-four  (24);  thence 
south  seven  degrees  and  thirty-five  minutes  (7-35),  east  for 
a distance  of  thirteen  hundred  and  forty-five  and  one-fourth 
feet  (1345^4  ft-)  1°  a cast  iron  monument  at  the  southwest 
corner  of  the  northwest  quarter  of  the  southwest  quarter  of 
section  one  (1),  township  fifty-seven  (57),  range  twenty-four 
(24);  thence  north  eighty  degrees  and  thirty-five  (80-35), 
east  for  a distance  of  thirteen  hundred  and  fifty-one  and  one- 
half  feet  (1351^4  ft.)  to  a cast  iron  monument  at  the  south- 
east corner  of  the  northwest  quarter  of  the  southwest  quarter 
of  section  one  (1),  township  fifty-seven  (57),  range  twenty- 
four  (24)  ; thence  north  seven  degrees  and  thirty-six  minutes 
(7-36),  west  for  a distance  of  thirteen  hundred  and  forty- 
three  and  six-tenths  feet  (1343  6-10  ft.)  to  a cast  iron  monu- 
ment at  the  northeast  corner  of  the  northwest  quarter  of  the 
southwest  quarter  of  said  section  one  (1),  township  fifty- 
seven  (57),  range  twenty-four  (24)  ; thence  north  eighty 
degrees  and  forty  minutes  (80-40),  east  for  a distance  of  four 
thousand  and  seventy-nine  and  seven-tenths  feet  (4079  7-10 
ft.)  to  a cast  iron  monument  at  the  southeast  corner  of  the 
northeast  quarter  of  said  section  one  (1),  township  fifty- 
seven  (57),  range  twenty-four  (24)  ; thence  north  eight  de- 
grees and  twenty  minutes  (8-20),  west  for  a distance  of 
twenty-six  hundred  and  sixty-two  and  eight-tenths  feet 
(2662  8-10  ft.)  to  a cast  iron  monument  at  the  northeast  cor- 
ner of  the  northeast  quarter  of  said  section  one  (1),  township 
fifty-seyen  (57),  range  twenty-four  (24)  ; thence  north  eigh- 
ty-one degrees  and  eleven  minutes  (81-1 H east  for  a distance 


City  Ordinances 


49 


of  thirteen  hundred  and  seventy  feet  (1370  ft.)  to  a cast  iron 
monument ; thence  north  eight  degrees  and  twenty  minutes 
(8-20)  west  for  a distance  of  twenty-six  hundred  and  twenty- 
seven  and  four-tenths  feet  (2627  4-10  ft.)  to  a cast  iron 
monument;  thence  south  eighty-one  degrees  and  thirty  min- 
utes (81-30),  west  for  a distance  of  thirteen  hundred  and 
seventy  feet  (1370  ft.),  to  place  of  beginning. 

Sec.  2.  Extending  Jurisdiction. — Be  it  further  ordained 
that  the  jurisdiction  of  the  city  of  Chillicothe,  Missouri,  shall 
in  all  matters  of  charter  powers,  authority  and  rights,  extend 
to  and  embrace  all  the  territory  hereby  brought  into  the  cor- 
porate limits  of  the  said  city,  as  fully  and  completely  as  though 
the  said  territory  had  been  included  within  the  corporate  limits 
of  the  said  city  under  the  original  charter  thereof,  or  any 
amendment  thereto,  or  any  act  of  the  city  council  of  the  said 
city,  not  inconsistent  with  this  act  and  not  hereby  repealed. 

Sec.  3.  Extending  Jurisdiction  of  Ordinances. — Be  it 
further  ordained  that  the  revised  ordinances  of  the  said  city, 
and  all  existing  ordinances  of  the  said  city,  heretofore  passed 
and  approved  and  now  in  force,  are  hereby  declared  and  or- 
dained to  extend  to,  and  be  in  full  force  and  effect  in  and  over 
all  the  territory  by  this  act  brought  within  the  corporate  limits 
of  the  said  city  of  Chillicothe,  Missouri. 

Sec.  4.  Repealing  Ordinances  in  Conflict. — Be  it  further 
ordained  that  all  ordinances,  or  parts  of  any  ordinance,  in  con- 
flict with  this  ordinance,  or  any  part  of  the  same,  are  hereby 
repealed. 

Passed  and  approved  November  16th,  1893. 

ORDINANCE  No.  3. 

An  Ordinance  Subdividing  the  City  of  Chillicothe,  Mis- 
souri, Into  Four  Wards,  and  Establishing  the  Boun- 
daries of  the  Same  and  Repealing  Ordinance  Two  (2) 
of  the  Revised  Ordinances  of  1894. 

Section  1.  Subdividing  the  City  Into  Wards. — Be  it  or- 
dained by  the  mayor  and  city  council  of  the  city  of  Chillicothe, 
Missouri : That  the  city  of  Chillicothe  is  hereby  laid  off  and 

subdivided  into  four  wards.  The  First  ward  shall  include  all 
that  portion,  of  the  city  lying  north  of  the  center  line  of  Jack- 
son  street,  and  west  of  the  center  line  of  Locust  street.  The 
Second  ward  shall  include  all  that  portion  of  the  city  north 
of  the  center  line  of  Jackson  street,  extending  to  the  east  lim- 


50 


City  Ordinances 


its  of  the  city,  and  east  of  the  center  line  of  Locust  street. 
The  Third  ward  shall  include  all  that  portion  of  the  city  south 
of  the  center  line  of  Jackson  street  extended  to  the  east  limits 
of  the  city,  and  east  of  the  center  line  of  Locust  street  extended 
to  the  south  limits  of  the  city,  and  the  Fourth  ward  shall  in- 
clude all  that  portion  of  the  city  south  of  the  center  line  of 
Jackson  street,  and  west  of  the  center  line  of  Locust  street, 
extended  south  to  the  limits  of  the  city. 

Sec.  2.  Repealing  Ordinance  Subdividing  City  Into  Five 
Wards. — Ordinance  No.  2,  entitled  “An  Ordinance  Subdivid- 
ing the  City  of  Chillicothe,  Missouri,  into  Five  Wards  and 
Establishing  the  Boundaries  of  the  Same,”  be  and  is  hereby 
repealed. 

Passed  and  approved  the  7th  day  of  June,  1894. 

ORDINANCE  No.  4. 

An  Ordinance  in  Relation  to  Elections. 

Section  1.  Elections — when  held. — Be  it  ordained  by  the 
mayor  and  city  council  of  the  city  of  Chillicothe,  Missouri; 
That  the  general  city  elections  for  all  officers  of  the  cor- 
poration required  to  be  elected  by  the  city,  charter  or  by  an 
ordinance  of  the  city,  and  all  special  elections  ordered  by  the 
city  council  shall  be  held  at  such  place  or  places  within  said 
city  as  shall  be  designated  by  the  city  council,  of  which  due 
notice  shall  be  given  by  publication  in  some  newspaper  or 
newspapers  published  in  said  city. 

Sec.  2.  Officers  Elected,  and  Notice  of  Election. — The 
biennial  city  election  for  the  purpose  of  electing  a mayor,  a 
councilman-at-large,  a councilman  from  each  ward,  a con- 
stable, an  attorney,  a police  judge,  a city  clerk,  a treasurer,  an 
auditor,  and  an  assessor,  shall  be  held  biennially  on  the  first 
Monday  in  May,  each  of  whom  shall  hold  their  respective 
offices  for  two  years,  and  until  their  successors  shall  be  elected 
and  qualified,  and  the  city  council,  shall  give  at  least  14  days’ 
notice  of  such  election,  by  publication  in  some  newspaper  or 
newspapers,  published  in  such  city. 

Sec.  3.  Election  Districts. — The  city  is  hereby  divided 
into  election  districts.  Each  ward  now  existing,  or  which  may 
hereafter  be  formed,  shall  constitute  one  election  district.  In 
each  election  district  the  city  council  shall  provide  and  desig- 
nate one  polling  booth  for  each  hundred  votes  cast  at  the  last 
preceding  election,  in  conformity  with  the  present  state  law 


City  Ordinances 


51 


governing  elections,  all  the  provisions  of  which  applicable  to 
this  city  are  to  be  conformed  to  in  every  election  within  the 
scope  of  said  law. 

Sec.  4.  Qualification  of  voters. — No  person  shall  be  en- 
titled to  vote  at  any  election  tinder  this  act  who  is  not  entitled 
to  vote  at  state  elections;  he  shall  moreover  have  been  an  act- 
ual resident  of  the  city  for  sixty  days,  and  of  the  ward  for 
which  he  votes  thirty  days.  PROVIDED,  that  the  voter  shall 
be  deemed  a resident  of  the  ward  in  which  he  has  lodged  for 
thirty  days  next  preceding  the  election  at  which  he  votes. 

Sec.  5.  Judges  and  Clerks  of  Elections. — The  city  coun- 
cil, prior  to  such  election,  shall  appoint  six  judges  for  each 
election  precinct,  who  shall  be  residents  and  qualified  voters 
of  the  election  precinct  they  are  appointed  for.  Four  per- 
sons for  each  voting  precinct  shall  be  appointed  at  the  same 
time  having  like  qualifications  to  act  as  clerks  thereof  all  of 
whom  shall  be  notified  at  once  by  the  city  recorder  of  their 
appointment.  The  judges  and  clerks  appointed  shall,  on  or 
before  the  day  of  election,  take  the  oath  prescribed  by  the 
statutes  governing  state  elections,  which  oath  may  be  admin- 
istered by  the  city  recorder,  or  any  other  person  authorized 
by  law  to  administer  oaths.  If  any  person  so  appointed  de- 
clines or  neglects  to  serve,  the  city  council,  if  in  session,  shall 
fill  the  vacancy.  If  the  vacancy  is  not  filled,  or  if  any  person 
appointed  as  judge  or  clerk  fail  to  be  present  or  refuses  to 
serve,  a majority  of  the  qualified  voters  then  and  there  pres- 
ent may  elect  a qualified  person  to  act  as  judge  or  clerk  of 
such  election.  The  oath  may  be  administered  by  any  judge, 
who  has  been  sworn,  to  the  other  judges  and  clerks  who  have 
not  been  sworn,  at  the  opening  of  the  polls.  It  shall  be  the 
duty  of  said  judges  at  each  election  precinct  to  s.elect  from 
their  number  two  who  shall  be  designated  and  known  as  re- 
ceiving judges,  and  two  who  shall  be  designated  and  known 
as  counting  judges,  and  two  who  shall  be  designated  and 
known  as  ballot  judges — and  they  shall  be  of  different  politics. 
The  delivery  of  ballots  and  counting  of  the  ballots  after  the 
opening  of  the  polls  shall  proceed  in  the  same  manner,  and 
the  election,  shall  be  conducted  as  provided  by  the  general 
election  law  of  the  state. 

Sec.  6.  City  Clerk  to  Provide  Ballot  Boxes  and  Tally 
Sheets. — The  city  clerk  shall  provide  the  necessary  ballot 
boxes  for  each  election  district,  the  necessary  tally  sheets  and 
poll  books  for  each  district,  and  have  them  at  the  voting  places 


52 


City  Ordinances 


before  the  opening  of  the  polls  on  the  clay  after  the  election. 

Sec.  7.  Ballots , How  Counted,  Certificate  of  Poll- 

books. — All  elections  shall  he  held  by  ballot,  and  the  returns 
carefully  counted  and  certified  under  the  hands  of  the  judges 
and  clerks.  The  certificates  shall  conform,  as  near  as  prac- 
ticable, to  the  general  law  governing  state  elections ; and  when 
certified,  shall  be  filed  with  the  city  clerk  on  or  before  the  day 
after  the  election. 

Sec.  8.  Vacancies  in  Office — How  Filled. — In  case  any 
office  filled  by  an  election  of  the  qualified  voters  of  the  city 
shall  become  vacant  by  death,  resignation  or  otherwise,  it 
shall  be  the  duty  of  the  city  council  to  order  an  election  within 
ten  days  after  the  occurrence  of  such  vacancy,  unless  such 
vacancy  occurs  within  three  months  of  the  next  city  election, 
to  fill  such  vacancy,  first  causing  notices,  as  required  by 
sections  1 and  2,  of  this  ordinance,  to  be  given. 

Sec.  9.  Persons  Elected  to  Fill  Vacancies,  Term  of 
Office.. — All  persons  elected  to  fill  any  vacancy  shall  hold 
their  respective  offices  until  the  next  general  election,  and 
until  their  successors  are  elected  and  duly  qualified. 

Sec.  10.  Compensation  of  Judges  and  Clerks. — The  com- 
pensation of  all  judges  and  clerks  of  election,  special  or  gen- 
eral, shall  be  one  dollar  and  fifty  cents  per  day  for  each  one, 
payable  out  of  any  money  in  the  city  treasury. 

Sec.  11.  Inability  of  Judges  or  Clerks  to  Proceed,  Voters 
to  Select. — If  any  judge  or  clerk  of  election,  after  entering 
upon  the  discharge  of  his  duties,  shall,  by  the  sickness  of  him- 
self or  family,  or  other  personal  disability,  be  unable  to  com- 
plete the  performance  of  his  duties,  another  may  be  appointed 
in  his  place  by  a majority  of  the  qualified  voters  present. 
Such  person  shall  be  sworn  as  provided  by^  section  5,  of  this 
ordinance. 

Sec.  12.  Every  Political  Party  may  have  Witness. — 
Either  political  party  shall  have  the  right  to  select  a repre- 
sentative man,  who  may  be  admitted  as  a witness  of  the  count- 
ing of  the  ballots  at  each  poll  or  voting  place.  Such  witness 
shall  take  the  oath  that  the  state  law  provides  in  such  case 
before  he  is  admitted  to  the  place  of  counting  the  votes. 

Sec.  13.  Announce  Total  Number  of  Votes  Polled. — 
After  the  examination  of  the  ballots  has  been  completed,  the 
whole  number  of  votes  for  each  person  shall  be  enumerated 
under  the  inspection  of  the  judges,  and  set  down  as  directed 
in  the  form  of  the  poll  books,  and  be  publicly  proclaimed  to 
the  persons  present. 


City  Ordinances 


53 

Sec.  14.  Mayor's  Proclamation  and  Inauguration  of 
Officers. — That  the  mayor  shall,  immediately  after  any  elec- 
tion for  city  officers,  or  after  any  special  election  to  fill  a 
vacancy  in  the  office  of  mayor,  then  the  councilman-at-large, 
shall  issue  his  proclamation  convening  the  city  council,  on  the 
Monday  after  such  election,  for  the  purpose  of  making  pro- 
vision for  the  inauguration  of  the  officers  elect. 

Sec.  15.  Canvass  of  Voters , Notice  to  Officers 
Elected. — The  city  council  when  convened,  shall  proceed  to  as- 
certain from  the  poll  books  of  the  several  election  districts 
of  the  city,  the  certificates  of  the  judges  and  clerks,  who 
have  been  elected,  and  shall  give  notice  to  the  persons  elected 
that  on  the  Tuesday  following  said  Monday,  at  twelve  o’clock 
(noon),  in  the  office  of  the  city  clerk,  they  will  be  inaugurated. 

Sec.  16.  Administering  Oath  of  Office. — Upon  the  day 
designated  the  council  shall  meet  in  session  for  the  purpose 
aforesaid  only,  when  the  oath  of  office  shall  be  administered 
by  the  city  clerk,  or  in  his  absence  by  some  other  person  au- 
thorized to  administer  oaths,  to  the  officers  elect. 

Sec.  17.  Repealing  Ordinances  in  Conflict. — All  or- 
dinances or  parts  of  ordinances  in  conflict  herewith  be  and 
the  same  are  hereby  repealed. 

Passed  and  approved  this  26th  day  of  November,  1906. 

ORDINANCE  No.  5. 

An  Ordinance  Prescribing  the  Duties  and  Powers  of  the 
Officials  and  Officers  of  the  City. 

CHAPTER  I. 

The  Mayor. 

Section  1.  Qualifications  and  Oath  of  Office. — Be  it  or- 
dained by  the  mayor  and  city  council  of  the  city  of  Chilli- 
cothe,  Missouri,  as  follows: 

The  mayor  shall  take  the  oath,  possess  the  qualifica- 
tions, be  invested  with  the  power  and  perform  such  other 
duties  as  are  prescribed  by  ordinance  and  the  city  charter,  as 
follows : 

Sec.  2.  Has  General  Supervision  Over  City  Officers. — 
The  mayor  shall  have  general  supervision  and  control  of  all 
the  city  officers,  whenever  he  shall  see  fit,  to  examine  into  the 
condition  of  their  respective  offices,  books,  papers  and  records 
therein,  the  manner  of  conducting  their  official  business,  and 


54 


City  Ordinances 


may  call  upon  any  officer,  clerk  or  deputy  for  information  in* 
relation  to  any  matter  pertaining  to  his  office,  and  may  re- 
cpiire  any  officer  to  make  a report  in  writing  of  any  matter 
pertaining  to  his  office. 

Sec.  3.  Shall  Report  to  City  Council  any  Neglect  of 
Duty. — The  mayor  shall  report  to  the  city  council  all  viola- 
tions or  neglect  of  duty  on  the  part  of  any  city  officer  which 
may  come  to  his  knowledge,  and  the  city  council  may  take 
such  action  as  the  facts  warrant. 

Sec.  4.  See  That  Ordinances  are  Enforced. — It  shall 
be  the  duty  of  the  mayor  to  see  that  the  ordinances  of  the 
city  are  carried  into  execution,  and  in  case  of  riot,  rout  or 
unlawful  assembly,  he  shall  have  power  to  direct  the  ac- 
tion of  the  city  police  and  military  of  the  city,  and  to  call 
to  his  aid  all  citizens  to  aid  in  the  suppressing  of  all  disturb- 
ances and  breaches  of  the  peace,  and  in  case  of  urgent  neces- 
sity to  employ  special  police  for  temporary  purpose  at  the 
expense  of  the  city. 

Sec.  5.  May  Make  Arrests. — The  mayor  shall  have 
power  to  make  arrests  in  cases  where  he  has  good  reason 
to  believe  an  offense  has  been  committed  by  any  person  or 
persons  and  to  summons  persons  to  his  aid  in  making  such 
arrests.  All  persons  arrested  by  the  mayor  shall  be  turned 
over  to  the  police  judge,  to  be  dealt  with  according  to  law. 

Sec.  6.  May  Remove  Paupers.- — The  mayor,  and  in 
his  absence,  the  acting  mayor,  shall  have  authority  to  direct 
and  aid  in  the  removal  of  paupers,  from  the  city,  and  in  cases 
of  extreme  necessity,  to  provide  for  their  temporary  support. 
He  shall  have  power  to  make  provision  for  the  temporary 
keeping  and  protection  of  idiots  and  insane  persons  when 
unaccompanied  by  proper  guardians,  and  shall  take  immed- 
iate steps  to  have  them  transferred  to  the  proper  authorities. 
All  expenses  incurred  by  the  mayor  in  performing  the  duties 
imposed  by  this  section,  shall  be  reported  to  the  city  council. 

Sec.  7.  Appointment  of  Officers. — That  all  officers 
whose  appointment  is  authorized  by  the  city  charter  or  by 
the  ordinances  of  the  city,  shall  be  appointed  by  the  mayor 
and  confirmed  by  the  city  council,  at  their  first  regular  meet- 
ing held  after  their  election,  or  as  soon  thereafter  as  prac- 
ticable, and  the  mayor  shall  fill  any  vacancy  that  occurs  in 
any  appointive  office,  as  hereinbefore  provided. 

Sec.  8.  What  Officers. — It  shall  be  the  duty  of  the 
mayor  to  appoint  a city  engineer,  one  or  more  policemen 


City  Ordinances 


55 


and  some  suitable  and  competent  person  to  the  office  of 
street  and  sidewalk  commissioner,  which  officers  shall  hold 
their  office  for  two  years,  or  until  their  successors  are  ap- 
pointed and  qualified,  unless  sooner  removed  by  the  city 
council. 

Sec.  9.  Preside  at  Meetings  of  City  Council. — The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  and  shall  have 
a casting  vote  and  no  other  and  shall  sign  the  appointment 
or  commission  of  every  officer  elected  or  appointed  to  the 
city  government. 

Sec.  10.  Salary. — The  mayor  shall  receive  an  annual 
salary  of  three  hundred  dollars,  payable,  monthly,  and  in 
addition  thereto,  shall  receive  the  sum  of  two  dollars  for 
each  meeting  of  the  city  council  at  which  he  shall  be  present. 

CHAPTER  II. 

Councilmen. 

Sec.  1.  Oath  of  Councilmen. — The  councilman-at-large 
and  each  councilman  shall  take  the  oath  and  possess  the  qual- 
ifications and  perform  such  duties  as  are  provided  by  ordin- 
ances and  the  city  charter,  as  follows. 

Sec.  2.  Duties  of  the  Councilman-at-large. — In  case  of 
a vacancy  in  the  office  of  mayor  or  his  being  unable  to  per- 
form the  duties  of  his  office  by  reason  of  temporary  or  con- 
tinued absence  or  sickness,  the  councilman-at-large  shall  be 
vested  with  all  the  powers  and  perform  all  the  duties  as  mayor 
until  the  mayor  shall  resume  his  office  or  the  vacancy  be  filled 
by  a new  election. 

Sec.  3.  Councilmen  to  be  Fire  Wardens,  Exempt  from 
Jury  Duty. — The  councilman-at-large  and  each  councilman 
shall  be  fire  wardens  and  conservators  of  the  peace,  and  shall 
be  exempt  from  jury  duty,  during  their  term  of  office. 

Sec.  4.  Removal  from  Ward  Vacates  Office. — If  any 
councilman  shall,  after  his  election,  remove  from  the  ward 
from  which  he  was  elected,  his  office  shall  thereby  be  va- 
cated. 

Sec.  5.  No  Councilman  to  Hold  Any  Other  Office  or 
be  Interested  in  City  Contract. — No  councilman  shall  be  ap- 
pointed to  any  office  under  authority  of  the  city,  nor  shall 
any  councilman,  or  other  city  officers,  be  directly  or  indir- 
ectly interested  in  any  contract  with  the  city  or  any  department 
or  institution  thereof. 


56 


City  Ordinances 


Sec.  6.  Duty  to  Attend  Meetings  of  City  Council. — 
It  shall  he  the  duty  of  each  councilman  to  attend  all  regular, 
adjourned  or  called  meetings  when  duly  notified,  of  the  city 
council,  unless  excused  by  a majority  vote  of  the  city  coun- 
cil. 

Sec.  7.  Salaries. — Each  councilman  shall  receive  the 
sum  of  two  dollars  for  each  meeting  of  the  city  council  at 
which  he  shall  be  present. 

CHAPTER  III. 

Police  Department. 

Section  1.  Qualifications  of  City  Constable. — The  city 
constable  shall  be  a qualified  voter  of  the  city  of  Chillicothe, 
and  a resident  thereof  for  two  years  next  preceding  his  elec- 
tion, and  shall  have  attained  the  age  of  twenty-five  years 
and  his  duty  shall  be  as  follows : 

Sec.  2.  Bond. — The  city  constable  shall,  before  enter- 
ing upon  the  duties  of  his  office,  give  bond  to  the  city  in  the 
sum  of  one  thousand  dollars,  with  at  least  four  good  secur- 
ities to  be  approved  by  the  city  council,  conditioned  for  the 
faithful  discharge  of  all  the  duties  of  his  office. 

Sec.  3.  Chief  of  Police. — The  constable  shall  be  chief 
of  police  of  the  city  and  in  addition  to  the  duties  imposed 
upon  him  by  the  charter,  it  shall  be  his  duty: 

First,  To  see  that  all  the  ordinances  of  the  city  are  faith- 
fully and  rigorously  enforced,  and  to  arrest  forthwith  and 
bring  before  the  police  judge,  any  person  who  shall  in  his 
presence  commit  any  violation  of  the  ordinances  of  the  city, 
or  of  the  laws  of  this  state. 

Second , To  arrest  and  bring  before  the  police  judge,  or 
commit  to  the  city  prison,  or  some  other  place  of  safekeep- 
ing, for  the  space  of  not  more  than  twenty-four  hours,  unless 
Sunday  intervenes,  any  person  charged  with  violation  of 
law  or  ordinance. 

Third,  To  execute  all  processes  of  the  police  court. 

Fourth,  To  hold  in  custody  all  persons  upon  whom  fines 
or  costs  may  have  been  imposed  by  the  police  court  for  such 
period  as  may  be  prescribed  by  ordinance,  or  the  judgment 
of  the  police  court,  or  until  the  same  be  paid. 

Sec.  4.  Office  in  City  Hall. — The  city  constable  shall 
keep  and  have,  an  office  in  the  city  hall  building,  and  at  which 
shall  be  his  duty,  and  that  of  his  deputies  to  remain  when 


City  Ordinances 


57 


not  necessarily  absent  on  account  of  official  duties,  and  where 
notice  may  be  left  for  him. 

Sec.  5.  Arrests. — The  city  constable  shall,  when  in- 
formed that  any  breach  of  the  peace  or  violation  of  any  law 
ordinance  has  been  or  is  about  to  be  committed  in  any  part 
of  the  city,  repair  to  such  place  without  delay,  and  take  such 
measures  as  may  be  necessary  to  prevent  such  breach,  or  ar- 
rest the  offender  or  offenders. 

Sec.  6.  May  Summons  Assistance. — The  city  constable 
is  authorized,  whenever  necessity  may  require,  to  summon  to 
his  aid  in  arresting  or  holding  offenders,  or  preventing 
breaches  of  the  peace  or  of  ordinance,  any  and  all  persons; 
and  in  the  case  of  the  refusal  of  any  person  to  render  such 
aid  when  required  by  the  city  constable  or  either  of  his 
deputies,  the  city  constable  may  arrest  the  person  so  refus- 
ing and  bring  him  before  the  police  judge,  who,  on  convic- 
tion of  such  person  of  such  refusal,  shall  impose  upon  such 
person  a fine  of  not  less  than  one  nor  more  than  five  dollars. 

Sec.  7.  Feeding  of  Prisoners. — The  feeding  of  all  pris- 
oners shall  be  let  at  a stipulated  price  per  week,  counting 
twenty-one  meals  for  a week,  which  shall  be  charged  and 
collected  as  costs  against  the  defendant  in  all  cases  of  con- 
viction; but  in  all  cases  of  acquittal,  stays  of  execution  to 
leave  the  city,  or  where  the  fine  and  costs  shall  be  worked 
out,  such  meals  shall  be  paid  for  by  the  city.  The  city  con- 
stable shall  see  that  the  meals  furnished  under  such  contract 
are  clean,  wholesome,  sufficient  in  quantity  and  substantial, 
and  shall  report  all  violations  of  such  contract  to  the  city 
council. 

Sec.  8.  Account  for  Money  Received. — The  city  con- 
stable, shall  keep  full  and  correct  account  of  all  moneys  re- 
ceived by  him  for  the  city  and  all  payments  made  to  the  city, 
and  the  date  thereof,  and  of  all  transactions  on  account  of 
which  he  may  be  entitled  to  receive  money  from  the  city, 
which  with  the  vouchers  thereof  shall  be  exhibited  to  the  city 
council,  in  settlement  of  his  official  accounts. 

Sec.  9.  Settlement  With  the  City  Council. — The  city 
constable  shall  make  a full  settlement  with  the  city  council, 
at  the  end  of  each  fiscal  quarter,  of  all  matters  between  him 
and  the  city,  and  such  other  settlements  as  may  be  required 
by  the  council  or  by  ordinance. 

Sec.  10.  Charge  of  City  Prison. — The  city  constable 


City  Ordinances 


58 

shall  have  charge  of  the  city  prison,  and  shall  keep  the  same 
in  good,  safe  and  cleanly  condition. 

Sec.  11.  Intoxicating  Liquors  While  on  Duty. — The 
city  constable  shall  not  while  on  duty  drink  any  intoxicating 
liquor,  or  be  under  the  influence  of  intoxicating  liquor,  nor 
shall  he  visit  any  saloon,  house  of  ill-fame,  or  any  disreput- 
able place,  except  in  the  performance  of  official  duty,  and  any 
violation  of  t\iis  section  shall  be  deemed  good  cause  for  re- 
moval from  office. 

Sec.  12.  Provide  Prisoner's  Register  and  Charge 
Book. — The  city  constable  shall  provide  two  substantially 
bound  books  to  be  known  as  the  “Prisoner’s  Register”  and 
“Charge  Book”  which  shall  contain  suitable  columns  appro- 
priately arranged,  with  captions  thereto,  showing  the  date 
and  hour  of  arrest  of  all  persons  arrested  within  the  city,  the 
name  of  every  person  so  arrested,  the  character  of  the  offense 
for  which  the  arrest  was  made,  whether  against  the  laws  of 
the  state  or  the  ordinances  of  the  city,  stating  the  number 
and  section  thereof,  name  of  witnesses,  the  date  and  hour  of 
release,  the  number  of  meals  furnished  to  each  prisoner  at 
the  city’s  expense,  and  the  name  of  the  officer  by  whom  the 
arrest  was  made. 

Sec.  13.  Make  Proper  Entries  in  Books. — It  shall  be  the 
duty  of  the  city  constable  to  make  proper  entries  in  all  col- 
umns of  said  “Prisoner’s  Register”  in  all  cases  when  arrests 
are  made  within  the  city,  so  as  to  show  all  matters  relating  to 
each  case.  The  said  “Prisoner’s  Register”  shall  be  perman- 
ently kept  in  the  city  constable’s  office  and  shall  be  delivered 
by  said  constable  to  his  successor  along  with  all  other  records 
and  fixtures  of  his  office,  and  shall  be  and  remain  part  of  the 
permanent  records  of  the  city. 

The  said  “Charge  Book”  shall  be  permanently  kept  in 
the  city  constable’s  office,  and  accessible  at  all  times  both  day 
and  night  as  a public  record.  All  complaints  for  violations 
of  city  ordinances  shall  be  registered  in  said  “Charge  Book” 
by  the  person  making  the  same,  and  all  officers  making  any 
arrests  shall  immediately  make  proper  entries  in  all  columns 
of  said  “Charge  Book”  so  as  to  show  all  matters  relating 
to  each  arrest,  number  and  section  of  ordinance  violated,  name 
of  witnesses  and  the  officer  shall  sign  the  same. 

Sec.  14.  Copy  of  Books. — The  said  “Charge  Book”  and 
“Prisoner’s  Register”  shall  be  in  the  following  form,  to-wit : 


City  Ordinances 


59 


CHARGE  BOOK. 


Date 

Time 

Prisoner’s 

Ordinance 

Sec 

Names  of 

Officer  who 

Date  of  com- 

a.m. p.m. 

Name 

No. 

witness 

made  arrest 

plaint  by  city 

- 

attorney 

PRISONERS’  REGISTER. 


Hour 

Name  of 

offense  against 

Date  of 

Hour  of 

No.  of 

Disposition 

Name  of 

of 

arrest 

Prisoner 

city  or  state 

release 

/ 

release 

meals 

at 

city’s 

expense 

of  case 

officer 

making 

arrest 

Sec.  15.  Furnish  the  City  Attorney  Names  of  Wit- 
nesses.— It  shall  be  the  duty  of  the  city  constable  to  furnish 
to  the  city  attorney  each  morning,  at  least  half  an  hour  be- 
fore the  time  of  opening  the  police  court,  the  names  of  all 
persons  arrested  during  the  last  twelve  hours,  with  a state- 
ment of  the  offenses  with  which  they  are  charged,  the  name 
of  the  officer  who  made  the  arrest,  the  names  of  the  witnesses, 
together  with  such  information  concerning  such  arrest  as  he 
may  have. 

Sec.  16.  Salary. — The  city  constable  shall  receive  as  full 
compensation  for  all  services  as  city  constable  the  sum  of 
sixty  dollars  per  month. 

Policemen. 

Sec.  17.  Patrol  City. — It  shall  be  the  duty  of  the  city 
police  to  patrol  the  city  every  night  and  day,  for  the  purpose 
of  preserving  good  order  in  the  city,  prevent  the  violation 
of  any  ordinance,  and  to  protect  the  lives  of  the  citizens,  and 
their  property. 

Sec.  18.  Assist  City  Constable. — It  shall  be  the  further 
duty  of  the  city  police  to  render  the  city  constable  at  all  times 
such  aid  as  he  may  require  of  them  for  the  purpose  of  keeping 
good  order  in  the  city  and  enforcing  any  ordinance  thereof ; 
and  it  shall  be  their  imperative  duty  at  all  times,  night  or  day, 
to  arrest  without  warrant  or  order  any  and  every  individual 
found  violating  any  ordinance  of  the  city,  and  it  shall  be  their 


60 


City  Ordinances 


further  duty  to  make  diligent  inquiry  and  if  they  can  get  suf- 
ficient proof  that  any  ordinance  has  been  violated  by  any  per- 
son, they  shall  file  an  affidavit  with  the  city  attorney  and  get 
a warrant  for  such  person,  and  forthwith  arrest  such  person 
and  bring  him  before  the  police  judge,  to  be  dealt  with  ac- 
cording to  ordinance  violated. 

Sec.  19.  Not  to  Drink  Intoxicating  Liquors. — Mem- 
bers of  the  police  department  shall  not,  while  on  duty,  drink 
any  kind  of  liquor,  or  enter  any  place  in  which  any  kind  of 
liquor  may  be  sold,  or  enter  any  bawdy  house  or  suspicious 
house,  or  any  place  of  amusement,  except  in  the  discharge  of 
duty. 

Sec.  20.  Not  to  Accept  Reward. — No  member  of  the 
police  department  shall  accept  from  any  person  arrested, 
any  reward  or  gratuity  of  any  kind  or  character. 

Sec.  21.  Must  be  Qualified  Voters,^ The  members  of 
the  police  force  shall  be  citizens  of,  the  city  of  Chillicothe, 
and  qualified  voters,  and  shall  be  capable  of  reading,  writ- 
ing and  speaking  the  English  language,  and  not  interested  in 
the  keeping  of  any  tavern,  coffee  house  or  dramshop. 

Sec.  22.  Alarm. — That  the  alarm  of  the  police  of  this 
city  shall  be  a whistle,  and  each  of  the  police  shall  use  the 
same  sounding  whistle  to  be  furnished  by  the  city  to  each 
police  at  actual  cost  to  the  city. 

Sec.  23.  Search  Parties  Arrested.. — It  shall  be  the  duty 
of  every  policeman  upon  arresting  any  person  and  before  de- 
positing him  in  the  calaboose,  to  search  him  and  take  charge 
of  all  valuables  that  he  may  have  in  his  possession,  and  to 
make  a memorandum  of  the  same  in  the  charge  book,  kept  for 
that  purpose,  and  to  be  signed,  when  able,  by  the  prisoner;  and 
all  such  valuables  he  shall  produce  in  the  court  upon  the  trial 
of  the  prisoner. 

Sec.  24.  Not  to  Communicate  Information. — No  mem- 
ber of  this  department  shall  communicate,  except  to  such  per- 
sons as  he  may  be  directed  by  his  superior  officer,  any  in- 
formation respecting  orders  he  may  have  received,  or  any 
regulation  that  may  be  made  for  the  government  of  the  de- 
partment, nor  shall  any  policeman  communicate  to  any  person 
any  information  which  may  enable  such  person  to  escape  from 
arrest  or  punishment. 

Sec.  25.  To  Obey  Punctually: — It  shall  be  the  duty  of 
the  police  to  obey  punctually,  and  to  the  best  of  their  ability, 
the  orders  of  the  chief  and  at  any  hour  of  the  day  or  night, 


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61 


whether  upon  special  duty  or  not,  they  shall,  to  the  best  of 
their  ability,  preserve  order,  peace  and  quiet  throughout  the 
city,  arrest  all  persons  found  in  the  act  of  violating  any 
law  or  ordinance,  arrest  all  persons  found  under  suspicious 
circumstances  and  who  cannot  give  a good  account  of  them- 
selves, and  convey  all  such  persons  to  the  work  house  or  city 
prison,  and  report  within  twenty-four  hours  to  the  attorney  the 
cause  of  such  arrest,  and  the  names  of  the  witnesses,  and  all 
the  facts  connected  therewith. 

Sec.  26.  Salary. — Every  regular  policeman  shall  receive 
as  full  compensation  as  such  the  sum  of  fifty  dollars  per 
month,  and  each  special  policeman  the  sum  of  one  dollar  and 
fifty  cents  per  day,  while  employed  as  such. 

CHAPTER  IV. 

Police  Judge. 

Sec.  1.  Court. — The  police  judge  shall  hold  his  court 
in  the  council  chamber  of  the  city  hall  building;  shall  open 
court  and  call  his  docket  at  9 o’clock  each  day  and  keep  said 
court  open  every  day  except  Sunday. 

Sec.  2.  Jurisdiction. — The  police  judge  shall  have  ex- 
clusive, original  jurisdiction  to  hear  and  determine  all  offenses 
against  the  ordinances  of  the  city;  and  no  change  of  venue 
shall  be  granted  or  taken  in  any  trial  before  the  police  judge 
for  the  violation  of  any  city  ordinance.  He  shall  keep  a 
docket  in  which  he  shall  enter  every  case  commenced  before 
him,  and  the  proceedings  therein;  and  he  shall  deliver  said- 
docket  and  all  the  books  and  papers  pertaining  to  his  office  to 
his  successor  in  office. 

Sec.  3.  Absent , Mayor  Shall  Act. — If  the  police  judge 
be  absent,  sick,  or  disqualified  from  action,  the  mayor  shall 
act  as  police  judge  until  such  absence  or  disqualification  shall 
cease. 

Sec.  4.  Action  Shall  be  Brought  in  Corporate  Name. — 
All  prosecutions  for  violation  of  any  city  ordinance  shall  be 
brought  in  the  corporate  name.  It  shall  be  lawful  to  declare 
generally  in  debt  for  such  penalty,  fine  or  forfeiture  stating 
the  ordinance  and  section  thereof  under  which  said  charge 
is  made,  and  the  police  judge  shall  state  in  his  docket  the 
name  of  the  complainant,  the  nature  or  character  of  the  of- 
fense, the  date  of  the  trial,  the  names  of  all  witnesses  sworn 
and  examined,  the  findings  of  the  court  or  jury,  the  judg- 


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ment  issuing  commitment,  if  any,  and  all  other  facts  neces- 
sary to  show  the  full  proceedings  in  each  case. 

Sec.  5.  Information. — Upon  information  in  writing 

filed  in  the  police  court  by  the  city  attorney,  that  any  breach 
or  violation  of  any  provision  of  the  ordinances  of  the  city 
has  been  committed,  for  the  breach  of  which  any  penalty  or 
fine  is  imposed,  the  police  judge  shall  forthwith  issue  a war- 
rant for  the  arrest  of  the  offender  or  offenders.  Such  in- 
formation shall  be  verified  by  the  oath  of  the  city  attorney, 
which  verification  may  be  before  any  officer  authorized  to 
administer  oaths  and  may  be  upon  the  information  and  belief 
of  the  city  attorney  or  such  information  may  be  supported  by 
a complaint  made  by  and  on  oath  of  some  person  competent 
to  testify  as  a witness  in  the  case  before  any  officer  author- 
ized to  administer  oath,  filed  with,  and  for  the  use  of  the  city 
attorney. 

Sec.  6.  Warrants. — All  warrants  issued  by  the  police 
judge  shall  be  directed  to  the  city  constable  and  such  war- 
rants may  be  executed  by  the  constable,  or  any  policeman 
at  any  place  within  the  limits  of  Livingston  County,  Mis- 
souri. And  the  city  constable  or,  in  his  absence,  some  police- 
can  shall  be  constantly  in  attendance  at  the  police  court,  when 
in  session. 

Sec.  7.  Hear  Charges  Forthwith. — When  any  person 
shall  be  arrested  and  brought  before  the  police  judge,  it  shall 
be  the  duty  of  the  police  judge  to  hear  and  determine  forth- 
with the  charge  alleged  against  the  defendant,  unless  for  good 
cause  the  trial  be  postponed  to  a certain  time,  which  shall  in 
no  case  be  longer  than  ten  days,  and  in  that  event,  he  shall 
require  the  defendant  to  enter  into  recognizance  with  sufficient 
security,  conditioned  that  he  will  appear  before  the  said  police 
judge,  at  the  time  and  place  appointed,  then  and  there  to 
answer  the  charges  alleged  against  him;  and  if  he  fail  or  re- 
fuse to  enter  into  such  recognizance  the  defendant  shall  be 
committed  to  prison  and  held  to  answer  such  complaint  as 
aforesaid. 

Sec.  8.  Parties  Arrested  May  Give  Bond. — Any  officer 
making  an  arrest  at  night  or  on  Sunday,  or  in  the  absence  of 
the  police  judge,  may  release  the  party  or  parties  arrested, 
on  bond,  with  good  and  sufficient  security,  in  double  the 
amount  of  the  highest  penalty  provided  by  ordinance  for  the 
violation  alleged,  conditioned  that  he  will  appear  the  follow- 
ing morning  at  9 o’clock  in  the  police  court  to  answer  for 


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63 


the  violation  of  which  he  is  accused,  and  there  to  await  his 
trial  of  the  charge  pending  or  to  be  preferred  against  him. 

Sec.  9.  Forfeiture  of  Bond. — In  case  of  the  breach  of 
any  such  bond  or  if  the  principal  therein  shall  fail  to  appear 
according  to  the  condition  of  the  said  bond,  or,  having  ap- 
peared shall  depart  the  court  without  leave,  the  police  judge 
shall  adjudge  said  bond  to  be  forfeited  and  render  judg- 
ment against  the  principal  and  sureties  therein  for  the  amount 
of  the  penalty  in  said  bond  mentioned,  together  with  costs 
and  shall  issue  execution  therefor. 

Sec.  10.  Jury  Trial. — Any  person  accused  before  the 
police  judge  shall  be  entitled  to  have  his  case  tried  before 
a jury,  who  shall  possess  the  qualifications  of  legal  voters 
in  the  city  of  Chillicothe;  such  jury  shall  consist  of  six  per- 
sons, and  each  party  shall  be  entitled  to  challenge,  peremptor- 
ily, three  jurors;  but  where  there  are  several  defendants, 
thy  shall  join  in  their  challenges,  and  the  city  shall  announce 
its  challenge  first,  and  the  panel  of  jurors  summoned  by  the 
city  constable  shall  equal  the  number  of  peremptory  chal- 
lenges in  addition. 

Sec.  11.  When  Demanded. — Such  jury  shall  be  de- 
manded before  the  trial  is  commenced,  and  when  such  de- 
mand is  made,  the  court  shall  issue  to  the  city  constable  a 
venire  for  a jury  returnable  forthwith,  or  at  the  time  to  which 
such  trial  has  been  continued;  provided  that  on  motion  of 
the  city  attorney  the  court  shall  issue  the  venire  to  some  other 
officer. 

Sec.  12.  Amendments. — No  proceedings  shall  be  dis- 
missed, or  defendant,  discharged,  by  reason  of  any  inform- 
ality or  irregularity  in  any  information;  but  such  informa- 
tion may,  by  leave  of  court,  at  any  time  before  or  during  the 
trial,  prior  to  the  retirement  of  the  jury  or  the  finding  of  the 
police  judge,  be  amended  without  prejudice  to  the  proceed- 
ings. 

Sec.  13.  Not  Necessary  to  Subpoena  Witnesses, 
When. — When  a trial  shall  be  continued  by  the  police  judge, 
it  shall  not  be  necessary  to  subpoena  any  witness  who  may 
be  present  at  the  continuance;  but  the  police  judge  shall  ver- 
bally notify  such  witnesses  as  either  party  may  require  to  at- 
tend before  him  on  the  day  set  for  trial  to  testify  in  the  case, 
and  enter  the  names  of  such  witnesses  on  his  docket,  which 
verbal  notice  shall  be  as  valid  as  a subpoena. 


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See.  14.  Subpoena  Witnesses,  Attachment  of. — It  shall 
be  the  duty  of  the  police  judge  to  subpoena  all  persons  whose 
testimony  may  he  deemed  essential  as  witness  at  any  trial  be- 
fore him,  or  represented  by  the  defendant  or  city  attorney, 
and  to  enforce  their  attendance  by  attachment,  if  necessary. 
The  fees  of  witnesses  and  jurors  in  the  police  court  shall  be 
the  same  as  are,  or  may  hereafter  be,  fixed  by  law  in  civil 
cases  tried  before  justices  of  the  peace. 

Sec.  15.  Information  May  Include  More  Than  One 
Person. — The  information  filed  with  the  police  judge  by  the 
city  attorney  may  include  more  than  one  person,  and  if  two  or 
more  parties  be  included  in  the  same  warrant  issued  by  the 
police  judge  charged  with  the  same  offense,  they  may,  when 
arrested  and  brought  before  the  police  judge,  be  tried  either 
jointly  or  separately,  as  they  may  elect,  and  when  tried 
jointly  they  shall  each  on  conviction  pay  such  fine  as  either 
the  jury  or  police  judge  may  assess  against  them,  the  fine 
to  be  determined  by  the  ordinance  violated,  and  the  costs  be 
such  as  the  police  judge  may  consider  to  be  pro  rata  share 
of  each  one  found  guilty. 

Sec.  16.  Judgment. — If  the  defendant  plead,  or  be  found 
guilty,  the  police  judge  shall  declare  and  assess  the  punish- 
ment prescribed  by  ordinance,  according  to  his  findings,  or 
the  verdict  of  the  jury,  and  render  judgment  accordingly  and 
for  costs  of  suit,  and  that  the  defendant  stand  committed  un- 
til judgment  is  complied  with. 

Sec.  17.  Work  on  Street. — Any  person  who  has  been 
convicted  in  the  police  court  and  sentenced  by  the  police  judge, 
for  violation  of  any  ordinance  of  the  city,  whether  the  pun- 
ishment be  by  fine  or  imprisonment,  or  by  both,  may  be  put 
to  work  and  required  to  perform  labor  on  the  public  streets, 
highways,  and  alleys,  or  other  public  buildings,  or  works  of 
the  city.  And  the  street  commissioner,  or  other  proper 
officer  of  the  city,  shall  have  power  and  be  authorized  and 
required  to  have  or  cause  all  such  prisoners  to  work  out  the 
full  number  of  days  for  which  they  have  been  sentenced,  at 
breaking  rock,  or  at  working  upon  public  streets,  highways, 
or  alleys,  or  other  public  work  or  buildings  of  the  city,  as  may 
be  designated,  and  if  the  punishment  is  by  fine  and  the  fine  be 
not  paid,  then  for  every  dollar  of  such  judgment  the  person 
shall  work  one  day.  And  it  shall  be  deemed  a part  of  the 
judgment  and  sentence  of  the  court  that  such  prisoner  may 
be  worked  as  herein  provided. 


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65 


Sec.  18.  Discharged  on  Payment  of  Fine  and  Costs. — 
Any  defendant  committed  under  the  provisions  of  this  ordin- 
ance may  be  discharged  on  the  payment  in  full  to  the  police 
judge  of  fine  and  costs,  or  upon  perfecting  an  appeal  as  here- 
inafter provided. 

Sec.  19.  Appeals. — In  all  cases  before  the  police  judge 
arising  under  the  ordinances  of  the  city,  an  appeal  may  be 
taken  from  the  judgment  of  the  police  judge  to  the  Circuit 
Court  of  Livingston  County,  Missouri ; such  appeals  may  be 
taken  by  either  the  city  or  the  defendant,  but  no  appeal  bond 
shall  be  required  of  the  city.  When  an  appeal  is  taken  from 
the  judgment  of  the  Police  Court  the  defendant  shall  be  re- 
quired to  give  bond  as  in  appeals  in  trials  for  misdemeanors 
before  a justice  of  the  peace.  If,  on  trial  in  the  Circuit  Court, 
the  defendant  shall  be  convicted,  and  fails  or  refuses  to  pay 
the  costs  and  fine  assessed  against  him  such  fine  may  be  col- 
lected as  if  no  appeal  had  been  taken,  and  the  defendant  may 
be  committed  to  the  city  prison  or  compelled  to  work  out  such 
fine  and  costs,  as  provided  by  the  charter  and  ordinances  for 
collecting  fines  and  costs  in  the  Police  Court,  when  no  appeal 
has  been  taken. 

Passed  and  approved  this  12th  day  of  April,  1909.  (New 
section. ) 

Sec.  20.  Certified  to  Circuit  Court. — Upon  an  appeal 
being  perfected,  the  police  judge  shall  within  ten  days  there- 
after, make  out  and  certify  to  the  Circuit  Court  a full  tran- 
script of  the  proceedings  had  in  said  suit. 

Sec.  21.  If  the  defendant  fail  to  perfect  his  appeal  im- 
mediately after  the  rendition  of  the  judgment,  or  otherwise 
to  relieve  himself  from  the  custody  of  the  court,  he  shall 
stand  committed  to  the  city  prison,  there  to  remain  until  such 
judgment  of  the  police  judge  is  paid  off  or  secured  as  here- 
inafter provided,  or  the  said  appeal  is  perfect  according  to 
law. 

• Sec.  22.  Charges  Without  Probable  Cause. — When 
upon  the  trial  of  any  person  charged  with  the  violation  of 
any  ordinance  of  this  city,  and  the  police  judge  is  satisfied 
from  the  evidence  that  the  complaint  when  made  by  other 
persons  than  the  city  officer  was  made  vexatiously,  mali- 
ciously and  without  probable  cause,  he  shall  acquit  the  de- 
fendant and  render  judgment  against  the  complainant  for  all 
the  costs  of  the  proceedings  therein;  and  such  judgment  shall 
have  like  effect  and  may  be  enforced  in  the  same  manner  as 


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if  judgment  had  been  rendered  against  such  informant  for 
violation  of  the  ordinance. 

Sec.  23.  Depositions. — Depositions  taken  in  conform- 
ity with  the  laws  of  his  state  may  be  read  on  behalf  of  the 
city  or  defendant  in  any  trial  before  the  police  judge,  and 
the  police  judge  may  grant  a continuance  as  herein  provided, 
for  good  cause  shown  and  upon  proper  application,  to  allow 
depositions  to  be  taken,  or  to  secure  the  attendance  of  absent 
witnesses.  The  ordinary  rules  of  practice  in  courts  of  record 
in  this  state,  as  far  as  the  same  may  be  applicable,  shall  pre- 
vail in  proceedings  had  before  the  police  judge. 

Sec.  24.  Administer  Oaths.. — The  police  judge  shall  have 
power  to  administer  oaths  and  enforce  obedience  to  all  orders, 
rules,  process  and  judgments  made  or  rendered  by  him,  and 
may  fine  or  imprison  any  officer  failing  to  promptly  execute 
any  such  orders,  rules,  process  or  judgments,  and  may  fine 
or  imprison  for  contempt  offered  to  such  judge  while  holding 
court  in  the  manner  provided  by  the  city  charter. 

Sec.  25.  Reports. — The  police  judge  shall,  at  the  first 
council  meeting  of  each  month,  make  out  a list  of  all  the  cases 
heard  or  tried  before  him  during  the  preceding  month,  giving 
in  each  case  the  name  of  the  defendant,  the  fine  imposed,  if 
any,  the  amount  of  costs,  the  names  of  the  defendants  com- 
mitted, and  the  cases  appealed,  respectively.  The  police  judge 
shall  verify  and  file  the  same  forthwith  with  the  city  clerk, 
who  shall  lay  the  same  before  the  council  at  its  said  session. 

Sec.  26.  Costs. — The  police  judge  shall  tax  the  same 
cost  in  each  case  allowed  by  the  statute,  to  witnesses,  juries, 
constables  and  justices  of  the  peace,  in  civil  cases,  and  shall 
collect  all  costs  and  fines  arising  for  the  prosecution  in  the 
police  court,  and  shall  at  the  end  of  each  week  pay  to  the 
treasurer  all  moneys  collected  by  him,  taking  the  treasurer’s 
receipt  therefor. 

Sec.  27.  Refusing  to  Prosecute. — Whenever  any  person 
other  than  the  city  attorney  or  some  city  officer  shall  swear  to 
a complaint  before  the  police  judge  charging  any  person  with 
a violation  of  any  city  ordinance  for  a misdemeanor,  and 
such  complainant  shall  afterwards  refuse  or  decline  to  prose- 
cute the  case  in  the  Police  Court,  the  judge  shall  have  the 
right  to  tax  the  costs  against  the  person  who  signed  the  com- 
plaint and  shall  enter  up  a judgment  against  such  person  for 
such  costs,  and  the  judgment  shall  be  enforced  as  other  judg- 
ments in  the  Police  Court  in  misdemeanor  cases. 


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67 


Passed  and  approved  this  12th  day  of  April,  1909. 
(New  Section.) 

Sec.  28.  Bond  of  Police  Judge. — The  police  judge  shall, 
within  ten  days  after  his  election  and  before  entering  upon 
the  discharge  of  the  duties  of  his  office,  give  bond  to  the  city 
in  the  sum  of  one  thousand  dollars  with  two  or  more  securi- 
ties, residents  of  Livingston  County,  Missouri,  to  be  approved 
by  the  mayor  and  the  city  council,  conditioned  for.  the  faith- 
ful performance  of  its  duties,  under  the  law  and  ordinances 
of  the  city;  that  he  will  pay  over  all  moneys  belonging  to  the 
city,  as  provided  by  law,  that  may  come  into  his  hands,  which 
bond  shall  be  filed  with  the  city  clerk. 

Sec.  29.  Police  Judge , City  Recorder. — The  police 
judge,  by  virtue  of  his  office,  shall  be  city  recorder;  shall  be  in- 
vested with  all  the  rights  and  powers  of  the  city  recorder  as 
heretofore  exercised  by  that  officer,  and  shall  perform  all  the 
duties  of  the  city  recorder  as  required  by  the  city  charter. 

Sec.  30.  Salary .. — The  police  judge  shall  receive  an  an- 
nual salary  of  three  hundred  sixty  dollars,  payable  monthly, 
which  shall  be  in  full  compensation  for  all  services  performed. 

CHAPTER  V. 

City  Attorney. 

Section  1.  Qualifications. — The  city  attorney  shall  be 

learned  in  the  law,  a member  of  the  Livingiston  County  Bar 
in  good  standing,  and  a legal  voter  of  the  city. 

Sec.  2.  Duties. — The  city  attorney  shall  prosecute  all 
violators  of  city  ordinances  and  in  appellate  courts  to  all  ap- 
peals in  cases  originating  before  the  police  judge;  he  shall 
appear  for  the  city  in  all  courts  of  record  within  this  state  in 
any  case  where  the  City  of  Chillicothe  is  either  party,  plain- 
tiff or  defendant,  or  a party  in  interest  and  shall  dispose  of 
such  cases  to  the  best  interest  of  the  city;  he  shall  in  all  cases 
be  the  legal  adviser  of  the  city,  and  when  requested  by  any 
officer  of  the  city  or  city  council,  shall  furnish  a written  opin- 
ion upon  any  legal  question  upon  which  he  or  they  may  re- 
quire information  in  regard  to  the  duties  of  his  or  their  office. 

Sec.  3.  Attend  Council  Meetings , Write  Contracts  and 
Ordinances. — The  city  attorney  shall  attend  all  regular  meet- 
ings of  the  city  council,  and  all  special  meetings  when  re- 
quested to  do  so,  and  shall  write  all  deeds  to  be  taken  or  con- 
tracts entered  into  .or  to  be  entered  into  by  the  city,  and  shall 


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pass  on  and  approve,  as  to  the  legality  thereof,  all  franchises 
granted  by  the  city,  and  shall  advise  and  consult  with  the  city 
council  as  to  the  legality  and  proper  phrasology  of  any  exist- 
ing or  contemplated  ordinances  and  to  write  new  ordinances 
or  any  amendment  to  any  existing  ordinance,  when  directed 
to  do  so  by  resolution  of  the  city  council. 

Sec.  4.  Absence  or  Other  Inabilities  to  Perform  Duties. — 
In  cases  of  sickness,  absence  from  the  city,  or  other  inabil- 
ity of  the  attorney  to  attend  court,  or  when  before  assuming 
his  office  he  shall  have  been  retained  as  counsel  adversely  to 
the  city,  in  any  case  to  which  it  is  his  duty  to  attend  on  behalf 
of  the  city,  he  shall  inform  the  mayor  thereof,  who  shall  ap- 
point another  person  to  represent  the  city  in  such  cases,  or 
during  such  temporary  absence,  sickness  or  inability. 

Sec.  5.  Notice  in  Condemning  Property. — In  all  pro- 
ceedings to  condemn  private  property  for  public  use,  it  shall 
be  the  duty  of  the  city  attorney  to  prepare  all  legal  papers 
connected  therewith,  and  see  that  all  notices,  decisions  of 
juries  and  all  other  records  and  proceedings  are  made  out 
in  legal  form  and  in  accordance  with  the  ordinances  of  this 
city  and  the  laws  of  the  state  of  Missouri. 

Sec.  6.  Affidaznts  on  Behalf  of  City. — He  shall  make  af- 
fidavits on  behalf  of  the  city  in  all  cases  where  the  same  may 
be  necessary  in  procuring  a change  of  venue  or  taking  appeals, 
or  which  may  be  necessary  in  conducting  any  suit  in  any  court. 

Sec.  7.  Other  Duties. — In  addition  to  the  duties  herein 
provided,  he  shall  perform  such  other  duties  as  may  be  re- 
quired of  him  by  ordinance  and  the  city  charter. 

Sec.  8.  Salary. — The  city  attorney  shall  receive  an  an- 
nual salary  of  Seven  Hundred  and  Twenty  Dollars,  payable 
monthly,  which  shall  be  in  full  compensation  for  all  services 
performed. 

CHAPTER  VI. 

City  Clerk. 

Section  1.  Custodian  of  Seal , Other  City  Property. — 
That  the  city  clerk  shall  have  the  custody  of  the  city  seal, 
the  public  records,  the  original  ordinances,  and  resolutions 
of  the  city  council,  and  all  other  papers,  records  and  docu- 
ments that  may  be  committed  to  his  charge ; he  shall  affix  the 
city  seal  to  all  public  instruments  or  official  acts  of  mayor, 
which,  by  law  or  ordinance,  are  required  to  be  attested  by  the 


City  Ordinances 


69 


city  seal,  to  certify  any  documents,  copies  or  papers  in  his  of- 
fice required  for  individual  use,  or  by  any  officer  of  the  city, 
taking  therefor  the  receipt  of  the  person  or  officer  to  whom 
the  same  are  delivered. 

Sec.  2.  Prepare  Commissions. — The  clerk  shall  prepare 
all  commissions  and  other  official  documents,  which  the  mayor 
is  required  to  sign,  and,  whenever  it  is  required,  affix  the  city 
seal,  to  countersign  the  same,  and  shall  keep  a record  of  the 
issuing  of  all  commissions  and  such  other  documents  as  from 
their  nature  it  may  be  necessary  or  proper  to  record. 

Sec.  3.  Procure  Stationery. — The  clerk  shall  procure 
stationery,  books,  fuel,  furniture  and  other  articles  necessary 
for  his  own  office,  for  the  mayor’s  office,  for  the  city  council, 
and  shall  be  authorized  to  pay  the  necessary  expenses  upon 
any  documents  issued  or  received  by  Ijim  for  the  city,  and  shall 
certify  the  amount  of  any  such  expenses  to  the  city  auditor, 
and  shall  be  entitled  to  receive  therefor  a warrant. 

Sec.  4.  Publication  of  Ordinances. — The  clerk  shall 
cause  the  ordinances  to  be  published  as  required  by  the  char- 
ter, and  shall  superintend  the  printing  thereof,  examine  and 
correct  the  proof. 

Sec.  5.  Record  of  Ordinances  Passed. — The  clerk  shall 
keep,  in  a suitable  book,  a complete  and  perfect  record  of  all 
ordinances  passed  by  the  city  council  which  shall  become  laws, 
and  an  index  to  such  ordinances,  and  a record  of  all  acts  and 
resolutions  of  the  council  and  an  index  thereof. 

Sec.  6.  File  Deeds. — The  clerk  shall  file  and  keep  all 
deeds  and  bonds  executed  to  the  city,  and  all  other  public 
papers  committed  to  his  charge. 

Sec.  7.  Other  Duties. — The  clerk  shall  perform  such 
other  duties  as  may  be  imposed  upon  him  by  ordinance,  as 
clerk  of  the  council. 

Sec.  8.  Bond. — The  clerk  shall  be  required,  before  en- 
tering upon  the  duties  of  his  office,  to  file  his  bond  to  the  city, 
with  sufficient  security,  approved  by  the  mayor  in  the  sum  of 
One  Thousand  Dollars,  conditioned,  for  the  faithful  dis- 
charge of  his  duties. 

Sec.  9.  Fees  for  Writing  Documents. — The  clerk  shall 
collect  for  all  writing  or  copying  done  for  the  city,  ten  cents 
for  each  one  hundred  words  written  by  him;  for  each  com- 
mission issued  or  prepared  by  him,  fifty  cents,  to  be  paid  by 
the  party  receiving  the  same;  for  every  license,  a fee  of  fifty 
cents,  to  be  paid  by  the  person  applying  for  the  same,  and 


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when  collected  by  the  clerk  it  shall  be  paid  by  him  into  the  city 
treasury. 

Sec.  10.  Not  to  Permit  Records  out  of  Possession. — 
The  clerk  shall  not  permit  any  records  or  documents  in  his 
charge  to  be  removed  from  his  office,  except  by  some  city 
officer  entitled  to  the  use  thereof,  or  for  the  inspection  of  the 
council,  or  upon  the  order  of  the  mayor.  He  shall  have  pub- 
lished in  the  official  paper  of  the  city,  the  quarterly  report  of 
the  city  auditor  as  soon  as  such  report  has  been  submitted  to 
and  approved  by  the  city  council. 

Sec.  11.  Charge  of  the  City  Hall. — The  clerk  shall  have 
charge  of  the  city  hall  building  and  grounds  connected  there- 
with, to  keep  them  in  good  condition,  to  have  the  renting,  under 
the  supervision  of  the  council,  of  the  upper  part  of  said  building 
and  to  collect  the  rents  for  the  use  of  the  same;  and  he  shall, 
at  the  end  of  each  month,  pay  to  the  city  treasury  all  moneys 
that  he  may  have  collected  for  such  rents,  taking  duplicate 
receipts  therefor,  one  of  which  shall  be  delivered  to  the  city 
auditor, -and  he  shall  charge  the  treasurer  with  all  sums  paid 
over  by  him.  And  he  shall,  at  the  end  of  each  fiscal  quarter 
report  to  the  council  the  amount  so  collected  and  paid  over 
by  him  for  all  rents  and  all  licenses  issued  by  him  during  such 
quarter. 

Sec.  12.  Minutes , Council  Proceedings. — The  clerk  shall 
enter  upon  the  records  all  council  proceedings  and  an  accur- 
ate statement  of  all  bills  and  accounts,allowed  against  the  city. 

Sec.  13.  Bonds  for  Dram  Shops. — It  shall  be  the  duty 
of  the  city  clerk  to  write  and  deliver  all  bonds  that  may  be 
required  for  dram  shops,  and  billiard  tables,  and  shall  issue 
/ all  licenses  ordered  or  granted  by  the  city  council,  and  for 
writing  same  he  shall  collect  the  sum  of  fifty  cents  each  and 
account  therefor  in  his  settlements  with  the  council. 

Sec.  14.  Salary. — The  city  clerk  shall  receive  an  annual 
salary  of  four  hundred  and  eighty  dollars,  payable  monthly, 
which  shall  be  in  full  compensation  for  all  services  performed 
of  whatever  kind. 


CHAPTER  VII. 

City  Treasurer. 

Section  1.  Ex  Officio  Collector. — The  city  treasurer,  by 
virtue  of  his  office,  shall  be  city  collector  of  taxes,  general 


City  Ordinances 


71 


and  special  license  and  revenues  of  the  city,  and  be  subject 
to  the  liabilities  prescribed  by  this  ordinance. 

Sec.  2.  Bond. — The  city  treasurer  shall,  previous  to  re- 
ceiving his  commission,  enter  into  a bond  to  the  city  of  Chilli- 
cothe,  in  the  sum  of  not  less  than  Twenty  Thousand  Dollars, 
with  at  least  four  sufficient  securities,  who  shall  be  resident 
householders  of  the  city,  to  be  approved  by  the  city  council, 
conditioned  for  the  faithul  discharge  of  his  duties;  and  also 
to  keep,  hold  and  pay  over  on  the  warrant  of  the  city  auditor, 
legally  drawn,  in  acordance  with  the  order  of  the  council,  or  to 
his  successor  duly  elected  and  qualified,  and  not  otherwise, 
any  and  all  moneys  of  the  city  treasurer. 

Sec.  3.  Duties. — The  duties  of  the  city  treasurer  shall 
be  as  follows: 

First,.  To  receive  and  receipt  for,  on  behalf  of  the  city, 
all  moneys,  that  may  come  to  his  hands  as  treasurer  or  col- 
lector of  said  city,  and  in  like  manner  to  receive  and  cancel 
all  warrants  that  may  come  to  his  hands,  as  such  treasurer. 

Second , To  keep  and  preserve  all  moneys  and  warrants 
that  may  so  come  into  his  hands,  and  not  to  use  or  dispose  of 
any  such  moneys  or  warrants,  except  as  directed  by  ordinance. 

Third , To  pay  over  out  of  any  moneys  in  his  hands,  sub- 
ject to  any  appropriation,  such  sums  as  he  may  be  directed  by 
ordinance  to  pay,  or  upon  warrants  lawfully  drawn  upon  him 
in  accordance  with  any  ordinance  appropriating  such  sum  to 
the  holder  of  the  warrant. 

Fourth , To  return  all  warrants  so  received  and  can- 
celled, as  vouchers  in  his  settlement  with  the  city  council. 

Fifth , To  keep  accurate  and  correct  books  of  accounts, 
showing  the  amount  received  by  him  on  behalf  of  the  city, 
and  all  amounts  paid  out  by  him  on  behalf  of  the  city,  and 
showing  also  the  fund  on  account  of  which  the  same  is  re- 
ceived or  paid  out,  and  the  several  amounts  paid  into  the 
treasury  by  the  several  officers  of  the  city. 

Sixth,  To  make  full  reports  to  the  council  at  the  end 
of  each,  fiscal  quarter  of  all  moneys  in  his  hands  at  the  com- 
mencement of  the  period  embraced  in  such  reports,  and  of 
amount  received  by  him  or  paid  out  during  such  period,  and 
of  the  amount  remaining  in  his  hands  at  the  end  of  such  per- 
iod, and  also  such  further  reports  as  may  be  required  of  him 
by  the  council. 

Sec.  4.  May  he  Suspended  by  Mayor. — If  at  any  time 
it  shall  appear  that  the  treasurer  has  failed  to  fulfill  any  of 


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the  duties  imposed  upon  him,  the  mayor  may  immediately  sus- 
pend him  from  office;  and  it  shall  be  the  duty  of  the  mayor  to 
notify  the  council  thereof  immediately  and  the  city  council 
shall  fix  a time  for  hearing  said  charge,  and  if  the  treasurer 
shall  be  found  guilty  it  shall  be  the  duty  of  the  council  to  re- 
move him  from  office. 

Sec.  5.  May  Protest  Warrants. — Whenever  any  war- 
rant drawn  upon  the  treasurer,  and  which,  according  to  the 
terms  thereof,  is  due  and  payable,  shall  be  presented  to  the 
treasurer  for  payment,  and  there  shall  be  no  funds  in  his 
hands  to  pay  the  same,  the  treasurer  shall  note  the  fact  of 
presentment  and  the  date  thereof  on  the  back  of  such  war- 
rant, and  such  warrant  shall  bear  interest  from  the  date  of 
such  presentment  at  the  rate  of  six  per  cent  per  annum,  un- 
less otherwise  provided  by  ordinance. 

Sec.  6.  Collect  Licenses. — It  shall  be  his  duty  to  col- 
lect all  licenses  placed  in  his  hands  for  collection,  and  all  fees 
that  may  be  chargeable  upon  such  licenses,  and  account  for 
the  same  in  his  settlement  with  the  city  council  and  to  cause 
all  persons  pursuing  any  calling  or  business,  for  which  a li- 
cense is  required,  to  take  out  the  same,  and  upon  failure  to 
do  so,  report  such  person  or  persons  to  the  city  attorney  and 
cause  such  person  or  persons  to  be  prosecuted. 

Sec.  7.  Register  Licenses  Collected. — The  city  treasurer 
shall  collect  all  licenses,  and  shall  keep  a register  of  all  licenses 
collected,  and  the  date  of  the  expiration  thereof. 

Sec.  8.  Salary: — The  city  treasurer  shall  receive  an  an- 
nual salary  of  seven  hundred  twenty  dollars,  payable  monthly, 
which  shall  be  in  full  compensation  of  all  services  performed 
of  whatever  kind  for  the  city. 

CHAPTER  VIII. 

City  Auditor. 

Section  1.  General  Accountant  of  the  City. — That  it 
shall  be  the  duty  of  the  city  auditor  in  addition  to  the  duties 
imposed  upon  him  by  the  city  charter:  1.  To  be  the  general 

accountant  of  the  city,  and  as  such  to  receive  and  preserve  in 
his  office  all  city  accounts,  books,  vouchers,  documents  and 
any  papers  relating  to  the  accounts  and  contracts  of  the  city; 
its  revenue,  debt,  and  fiscal  affairs,  whether  said  accounts  are 
between  the  city  and  any  officer  thereof,  or  said  accounts  and 
contracts  are  between  the  city  and  any  person  or  body  corpor- 


City  Ordinances, 


73 


ate,  except  where  said  books,  vouchers  or  documents  are  by 
charter  or  ordinance,  placed  in  the  custody  of  some  other 
office. 

Sec.  2.  Day-Book,  Journal  and  Ledger. — To  keep  a 
day-book,  journal  and  ledger,  in  which  the  accounts  of  the 
city  shall  be  kept.  The  city  shall  be  represented  in  said 
books  by  the  term  “city  revenue,”  and  all  moneys  coming  into 
the  city  treasury  shall  be  entered  upon  the  debit  side  of  the 
“city  revenue”  account,  with  sources  specified  from  which  said 
revenue  is  derived  and  all  appropriations  shall  be  entered  upon 
the  “credit  side”  of  said  account,  with  object  stated  for  which 
each  appropriation  is  made. 

Sec.  3.  Account  Between  City  and  Officers. — To  keep 
in  proper  books,  the  accounts  between  the  city  and  all  officers 
charged  with  the  collection  of  any  moneys,  or  into  whose 
hands  any  money  belonging  to  the  city  shall  come,  from  what 
source  derived  and  on  what  account  paid. 

Sec.  4.  Record  of  Warrants. — To  keep  a record  of  all 
warrants  drawn  upon  the  city  treasurer,  specifying  the  num- 
ber, date,  amount,  and  to  whom  payable,  date  of  payment,  and 
to  whom  paid. 

Sec.  5.  Audit  Accounts. — To  examine,  audit  and  adjust 
all  accounts  and  claims  against  the  city,  where  the  claim  does 
not  exceed  fifty  dollars,  and  all  demands  shall,  on  being  ex- 
amined and  approved  by  the  auditor,  be  submitted  to  the  city 
council  for  allowance,  and  when  allowed  to  be  paid  as  other 
demands. 

Sec.  6.  Monhtly  Report. — To  report  to  the  city  council 
at  each  monthly  meeting  the  amount  of  all  claims  audited  and 
allowed  by  him,  giving  the  name  of  each  party  having  a 
claim,  nature  of  the  same  and  amount,  and  in  like  manner 
all  claims  over  fifty  dollars,  and  stating  the  amount  neces- 
sary to  pay  the  demands  presented  for  payment  against  the 
city  to  date. 

Sec.  7.  Drazv  Warrants. — When  the  city  council  shall 
have  appropriated  the  sum  necessary  to  pay  all  the  demands 
and  accounts  as  named  in  section  6,  the  city  auditor  shall  draw 
his  warrant  upon  the  city  treasurer  in  favor  of  each  claimant 
for  the  amount  allowed. 

Sec.  8.  Balance  Accounts. — At  the  end  of  each  quar- 
ter, the  city  auditor  shall  balance  the  accounts  kept  by  him 
and  make  a full  statement  thereof  and  file  the  same  with  the 
city  council  for  their  approval,  and  shall  also  make  monthly 


74 


City  Ordinances 


reports  to  the  city  council  of  the  amount  of  all  warrants  out- 
standing against  the  city  on  account  of  each  separate  fund, 
and  showing  also  the  balance  on  his  books  in  favor  or  against 
the  city,  in  account  with  the  several  officers  of  the  city. 

Sec.  9.  Bond. — The  city  auditor  shall  give  bond  before 
entering  upon  the  duties  of  his  office  in  the  sum  of  one 
thousand  dollars,  with  security  to  be  approved  by  the  city 
council  and  he  shall  have  the  power  to  purchase  all  the  books 
and  other  articles  required  for  his  office,  to  be  paid  for  as  other 
demands  against  the  city. 

Sec.  10.  Claims  Not  Allowed. — If  any  claim  against 
the  city  shall  be  presented  to  the  city  auditor  and  not  allowed 
or  approved  by  him,  the  claimant  shall  have  the  right  to  present 
the  claim  to  the  city  council,  and  if  allowed  by  the  council  shall 
be  paid  as  other  claims. 

Sec.  11.  Make  Tax  Books. — He  shall  make  out  cur- 
rent, back  tax  and  consolidated  back  tax  books,  and  keep  a 
full  and  accurate  account  of  all  bonds,  bills  and  notes  owned 
by  or  payable  to  the  city. 

Sec.  12.  Salary. — The  city  auditor  shall  receive  a sal- 
ary of  four  hundred  dollars  per  year  in  full  for  all  services 
rendered,  payable  as  follows:  Twenty  Dollars  at  the  end  of 

each  month,  and  one  hundred  dollars  when  the  current  taxes 
are  extended  and  the  tax  books  accepted  by  the  treasurer,  and 
sixty  dollars  when  the  tax  books  are  made  out,  accepted  and 
receipted  for  by  the  treasurer.  No  additional  compensation 
shall  be  allowed  for  making  out  the  consolidated  real  estate 
back  tax  book. 


CHAPTER  IX. 

City  Assessor. 

Section  1.  Oath, — It  shall  be  the  duty  of  the  assessor  be- 
fore entering  upon  the  duties  of  his  office,  to  take  and  sub- 
scribe the  following  oath  or  affirmation : 

Oath  of  Office. 

State  of  Missouri , County  of  Livingston,  ss. 

County  of  Livingiston, 

I,  A.  B.,  resident  of  the  city  of  Chillicothe,  do  solemnly 
swear,  (or  affirm,  as  the  case  may  be),  that  I will,  to  the  best 
of  my  skill  and  ability,  diligently  and  faithfully,  without 
partiality  or  prejudice,  discharged  the  duties  of  assessor  in 


City  Ordinances 


75 

and  for  the  city  of  Chill icothe,  according  to  the  ordinances  of 
said  city  and  the  constitution  and  laws  of  the  state  of  Mis- 
souri. 

Subscribed  and  sworn  to  before  me  this day 

of v,  190.. 

Sec.  2.  Duties. — It  shall  be  the  duty  of  the  city  as- 
sessor, to  make  and  return  to  the  city  council  a full  and  com- 
plete assessment  of  all  property,  real  and  personal,  in  the  city 
on  the  first  day  of  January  of  each  year,  and  not  exempt  from 
municipal  taxation,  and  to  do  and  perform  such  other  duties 
in  the  manner  and  at  the  time  as  required  by  law. 

Sec.  3.  Salary.- — The  city  assessor  shall  receive  an  an- 
nual salary  of  two  hundred  fifty  dollars,  payable  when  the 
annual  assessment  of  real  and  personal  property  has  been 
made,  and  the  assessor’s  books  accepted  and  confirmed  by  the 
council. 

CHAPTER  X. 

City  Engineer. 

Section  1.  Qualifications. — The  city  engineer  shall  be 

skilled  in  the  science  of  civil  engineering  and  building  and  the 
practical  applicability  thereof,  and  shall  be  required  to  take  the 
oath  of  office  required  by  other  city  officers,  with  the  addition 
that  he  is  not,  and  will  not  during  his  continuance  in  office,  be 
directly  or  indirectly  concerned  or  interested  in  any  contract 
-made  with  this  city  for  any  public  work,  or  in  the  hire  of  any 
person  or  teams  employed  by  the  city. 

Sec.  2.  Duties. — It  shall  be  the  duty  of  the  city  engineer 
to  superintend  the  opening,  improvement  and  repairing  of  the 
streets;  to  record  all  surveys,  plats  and  maps  in  a record  of 
surveys  kept  by  him  for  that  purpose ; to  preserve  in  his  office 
all  maps,  plans  and  surveys  of  the  city,  and  all  records,  books, 
papers  and  other  things  relating  thereto;  to  make  all  plans 
and  estimates  for  all  city  improvements  constructed  by  or 
under  the  authority  of  the  city,  and  to  do  all  other  lawful  acts 
relating  to  matters  particularly  under  his  charge,  and  which 
may  be  necessary  for  the  efficient  working  of  his  department. 

Sec.  3.  Information  Concerning  the  Grades  of  Streets. — 
The  city  engineer  shall  furnish  the  necessary  information  for 
ascertaining  the  grades  of  streets  where  persons  desire  to  lay 
down  sidewalks,  provided  the  grades  of  such  streets  are  es- 
tablished by  ordinance. 


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City  Ordinances 


Sec.  4.  Salary. — The  city  engineer  shall  receive  for  his 
services  the  sum  of  seventy-five  dollars  per  month,  to  be  paid 
at  the  end  of  each  and  every  month.  (New  Section.)  Passed 
and  approved  27th  day  of  July,  1907. 

Sec.  5.  City  Engineer. — Ex  Officio  Street  and  Sidewalk 
Commissioner. — The  city  engineer  is  hereby  made  ex  officio 
street  and  sidewalk  commissioner  and  shall,  after  the  pas- 
sage of  this  ordinance,  perform  all  the  duties  of  said  office  as 
set  forth  in  Chapter  11,  of  Ordinance  No.  5,  entitled  “Street 
and  Sidewalk  Commissioner”  and  shall  do  and  perform  all 
duties  required  of  the  street  and  sidewalk  commissioner  by 
any  of  the  ordinances  of  the  city,  and  shall  give  bond  in  like 
amount  as  required  by  the  street  commissioner,  and  shall 
serve  without  any  further  compensation  other  than  that  re- 
ceived as  city  engineer.  (New  Section.) 

Passed  and  approved  the  12th  day  of  April,  1909. 

CHAPTER  XI. 

Street  and  Sidewalk  Commissioner. 

Section  1.  Bond. — The  street  and  sidewalk  commis- 
sioner shall,  within  fifteen  days  after  his  appointment  and  be- 
fore entering  upon  the  discharge  of  the  duties  of  his  office, 
give  bond  to  the  city  in  the  sum  of  one  thousand  dollars  with 
two  or  more  sureties,  residents  of  Livingston  County,  Mis- 
souri, to  be  approved  by  the  mayor  and  council,  conditioned 
for  the  faithful  performance  of  his  duties,  under  the  laws 
and  ordinances  of  this  city;  that  he  will  pay  over  all  moneys- 
belonging  to  the  city,  as  provided  by  law,  that  may  come  into 
his  hands,  and  that  he  will  deliver  to  his  successor  in  office, 
all  tools  and  other  property  of  the  city,  in  his  hands;  which 
bond  shall  be  filed  with  the  city  clerk. 

Sec.  2.  Inventory. — The  street  and  sidewalk  commis- 
sioner shall,  upon  entering  upon  the  discharge  of  the  duties 
of  his  office,  make  out  an  inventory  of  all  tools,  implements 
of  any  kind  belonging  to  the  city,  and  return  the  same  to  the 
city  clerk  within  ten  days,  and  shall  be  responsible  upon  his 
official  bond  for  the  loss  of  any  of  said  tools  or  implements, 
while  he  continues  in  office,  and  until  he  turns  them  over  to  his 
successor  in  office. 

Sec.  3.  Under  Control  of  Council. — The  street  and  side- 
walk commissioner  shall  be  under  the  control  of  the  city 
council  and  shall,  by  and  with  the  approval  and  consent  of  said 


City  Ordinances 


// 

council,  employ  such  laborers,  mechanics,  wagons,  carts  or 
teams  and  purchase  such  material  and  tools  as,  from  time  to 
time,  may  be  necessary  in  the  proper  discharge  of  his  duties. 

Sec.  4.  Duties: — That  the  street  and  sidewalk  commis- 
sioner shall  have  and  possess  all  the  rights,  powers,  duties 
and  obligations  heretofore  resting  upon  the  city  marshal  by 
virtue  of  him  being  street  commissioner  or  in  any  manner 
pertaining  to  the  office  of  street  commissioner  and  said  right, 
power,  duties  and  obligations  shall  in  all  particulars  devolve 
upon  and  be  performed  by  the  street  and  sidewalk  commis- 
sioner and  it  shall  be  his  duty  as  such : 

First,  To  execute  all  orders  directed  to  him  by  the  coun- 
cil. 

Second,  To  observe  and  report  all  obstructions  found 
in  any  street,  lane,  alley  or  sidewalk  within  the  corporate 
limits. 

Third,  To  report  to  the  city  attorney,  for  prosecution, 
the  names  of  persons  obstructing  or  injuring  any  street,  lane, 
alley  or  sidewalk,  with  the  facts  of  his  own  knowledge,  and 
the  names  of  the  witnesses  by  whom  he  thinks  the  facts  can 
be  established. 

Fourth,  To  repair  at  the  expense  of  the  owners,  or 
cause  the  owners  of  property  fronting  on  the  sidewalks  to 
repair  the  same  at  their  own  expense ; and  also  he  shall  cause 
all  sidewalks  to  be  kept  free  of  obstructions. 

Sec.  5.  Supervision  Over  Streets. — To  report  to  the  city 
council,  the  condition,  estimates  of  cost  to  repair,  or  any  other 
information  relative  to  any  street,  alley  or  lane  when  required ; 
to  receive  and  grant  discharge  therefor,  for  any  fines,  for- 
feitures, damages  or  equivalent  for  repairs  of  streets,  roads, 
alleys,  avenues  or  sidewalks,  by  consent  of  the  city  council,  and 
finally  to  have  general  supervision  over  all  the  streets,  lanes, 
alleys,  avenues,  sidewalks,  bridges  and  gutterings  within  the 
city  limits,  and  all  work  done  thereon. 

Sec.  6.  Monthly  Reports. — He  shall  make  monthly  re- 
ports to  the  city  council  in  detail,  of  all  sums  of  money,  labor 
or  equivalent,  by  him  received  for  fines  or  repairs,  and  his 
expenditure  for  repairs  on  each  street,  alley,  sidewalk,  bridge, 
gutter  or  sewer,  and  other  disbursements  under  order  or 
necessary,  on  account  of  the  city. 

Sec.  7.  Not  to  he  Interested  in  Contract. — The  street 
and  sidewalk  commissioner  shall  not,  during  his  term  of 
office,  be  directly  or  indirectly  concerned  or  interested  in  any 


78 


City  Okdinances 


contract  made  with  the  city  for  any  public  work  or  in  the  hire 
of  any  men  or  teams  employed  by  the  city. 

Sec.  8.  Work  Prisoners. — It  shall  be  the  duty  of  the 
street  and  sidewalk  commissioner  whenever  any  person  is 
convicted  of  any  breach  of  the  city  ordinances  and  shall  be 
committed  to  the  city  prison  or  workhouse,  for  the  non-pay- 
ment of  any  fine  or  cost  imposed,  or  either  of  them,  to  cause 
such  person  to  labor  upon  any  of  the  public  works  of  the  city, 
or  upon  the  streets  thereof,  allowing  him  for  such  labor  the 
sum  of  one  dollar  for  each  day’s  labor  performed,  committing 
such  person  to  the  city  prison  at  night,  and  to  hold  and  cause 
such  person  to  labor  until  the  full  amount  of  such  fine  and 
costs  shall  thus  be  paid;  PROVIDED,  that  nothing  herein 
contained  shall  authorize  the  street  and  sidewalk  commis- 
sioner to  detain  in  custody  such  person  for  a longer  number 
of  days  than  one  day  for  each  dollar  of  the  fine  and  cost  thus 
imposed ; when  the  street  and  sidewalk  commissioner  shall 
discharge  such  person;  and  to  certify  to  the  police  judge  the 
full  payment  of  such  fine  and  costs.  And  for  the  safe-keeping 
of  any  person  working  as  aforesaid,  the  street  and  sidewalk 
commissioner  may  secure  such  person  while  so  working  with 
ball  and  chain. 

Sec.  9.  Wages  to  be  Paid  for  Labor. — The  wages  to 
be  paid  by  the  city,  for  the  labor  of  men  and  teams  in  the 
employ  of  the  city  or  street  commissioner,  with  the  approval 
and  consent  of  the  council,  shall,  so  near  as  may  be,  conform 
to  the  current  rate  of  wages  in  the  city  paid  for  similar  ser- 
vices at  the  time,  by  other  parties. 

Sec.  10.  Salary. — The  street  and  sidewalk  commissioner 
shall  receive  for  his  services  six  hundred  dollars  a year,  pay- 
able monthly,  as  other  salaries. 

CHAPTER  XII. 

General  Provisions  Applicable  to  City  Officers. 

Section  1.  Offices  in  City  Hall. — All  city  officers  shall 
maintain  an  office  at  the  city  hall  building,  as*  may  be  desig- 
nated by  the  city  council,  or  provided  by  ordinances,  and  it 
shall  be  the  duty  of  each  officer  to  keep  regular  office  hours, 
which  hours  shall  be  equally  divided  between  the  forenoon 
and  aftermoon,  of  each  week  day,  and  each  and  every  officer 
shall  personally  devote  hi§  time  to  the  performance  of  the 
duties  thereto  belonging. 


City  Ordinances 


79 


Sec.  2.  May  be  Removed  from  Office,  How. — Any 
officer  of  the  city,  may  be  removed  from  office  by  a two- 
thirds  vote  of  the  members  of  the  city  council  for  incom- 
petency or  any  dereliction  or  violation  of  duty,  on  the  com- 
plaint in  writing  of  any  inhabitant  of  the  city,  or  whenever 
the  council  shall  think  the  interests  of  the  city  require  such 
removal,  and  if  any  member  of  the  city  council  shall  be 
guilty  of  disorderly  conduct,  he  sh^ll  be  expelled;  PRO- 
VIDED, however,  that  no  such  officer  shall  be  removed  or  ex- 
pelled under  the  provisions  of  this  section  until  he  shall  have 
had  six  days’  notice  of,  and  a copy  of  the  charges  preferred 
against  him  served  on  him  by  the  city  constable,  and  an  oppor- 
tunity given  to  exculpate  himself  before  the  city  council. 

CHAPTER  XIII. 

City  Weighmaster. 

Section  1.  Chief  Driver  to  be  Ex-Officio  Weighmaster. — 
Until  otherwise  provided  by  ordinance,  the  chief  driver  of  the 
fire  department  shall  be  ex-officio  city  weighmaster,  and  shall 
do  and  perform  all  the  duties  of  such  office  by  virtue  of  the 
provisions  of  this  ordinance. 

Sec.  2.  Duties  of,  as  Such .. — It  shall  be  the  duty  of  the 
city  weighmaster  to  take  charge  of  and  keep  in  good  order 
and  condition,  the  public  scales  and  the  weights  and  measures 
belonging  to  the  city,  and  cause  the  accuracy  of  the  scales  to 
be  tested  once  in  every  three  months.  He  shall  be  in  attend- 
ance at  the  public  scales  and  shall  weigh  all  kinds  of  stock, 
horses,  mules,  cattle,  hogs,  sheep  and  other  animals,  which  are 
practicable  for  him  to  weigh.  Also  every  load  of  hay,  coal, 
corn,  oats,  wheat,  or  other  substance  or  thing  which  may  be 
presented  to  him  to  be  weighed,  a certificate  containing  the 
name  of  the  person,  the  date  of  weighing,  and  name  and  gross 
and  net  weight,  and  to  whom  to  be  delivered,  over  his  official 
signature.  And  shall  keep  a duplicate  of  such  certificate  in 
a book  to  be  provided  for^that  purpose,  and  if  any  articles 
are  weighed  in  a wagon  the  weight  of  the  wagon,  both  loaded 
and  light,  shall  be  given  together  with  the  weight  of  the  ar- 
ticles weighed. 

Sec.  3.  Collections  and  Monthly  Reports. — The  city 
weighmaster  shall  collect  for  the  city  the  sum  of  ten  cents  for 
each  load  of  grain,  hay,  coal,  or  other  article,  of  which  he 
shall  ascertain  the  net  weight  and  shall  keep  a true  and  correct 


80 


City  Ordinances 


account  of  all  fees  so  received  by  him.  On  the  first  Monday  , 
in  each  month,  he  shall  make  and  file  with  the  city  treasurer, 
a statement,  under  oath,  of  the  number  of  certificates  of 
weights  issued  by  him  during  the  month  prior  thereto.  And 
on  the  first  Monday  in  each  month,  he  shall  pay  to  the  city 
treasurer,  all  moneys  collected  by  him  as  city  weighmaster,  i 
and  shall  take  duplicate  receipts  therefor,  one  of  which  he 
shall  file  with  the  city  auditor. 

CHAPTER  XIV. 

Fire  Department. 

Section  1.  Creating  Fire  Department. — That  there  is 
hereby  created  and  established  a fire  department  for  the  city 
of  Chillicothe,  Missouri,  which  said  fire  department  shall  con- 
sist of  nine  (9)  hosemen,  who  shall  be  appointed  by  the  may- 
or and  city  council  and  whose  appointment  may  be  revoked  at 
any  time;  one  of  whose  number  shall  be  appointed  by  the 
mayor  and  city  council  as  chief  engineer  and  one  assistant  en- 
gineer. 

Sec.  2.  Appointments. — The  chief  and  assistant  en- 
gineer shall  be  appointed  at  the  first  meeting  of  the  city  coun- 
cil, after  the  general  election,  or  as  soon  thereafter  as  practi- 
cable, but  shall  not  enter  upon  the  discharge  of  their  official 
duties  until  they  have  taken  and  subscribed  an  oath  before  the 
city  clerk  well  and  truly  to  perform  the  duties  of  their  said 
offices;  and  they  shall  hold  their  offices  for  two  years,  and 
until  their  successors  are  appointed  and  qualified,  unless  sooner 
removed. 

Sec.  3.  Appoint  Chief  and  Assistants. — The  chief  driver 
and  assistant  drivers  shall  be  appointed  by  the  mayor  and  city 
council,  who  may  be  removed  at  any  time. 

Sec.  4.  Vacancy , How  Filled. — In  case  of  a vacancy  in 

the  number  of  hosemen  such  vacancy  shall  be  filled  by  the 
mayor  and  city  council. 

Sec.  5.  Department  Under  fontrol  of  Chief  Engineer. 
— The  whole  fire  department  of  the  city  shall  be  under  the 
command  and  control  of  the  chief  engineer.  He  shall  exer- 
cise a constant  supervision  over  it,  and  shall  have  the  general 
charge  of  the  property  of  the  city  connected  therewith,  and 
shall  see  that  the  same  is  always  kept  in  good  repair  and  ready 
for  use.  He  shall  attend  all  the  fires  which  may  occur  in  the 
city,  as  far  as  practicable,  and  all  orders  given  by  him  to  any 


City  Ordinances 


81 


company  of  firemen  shall  be  promptly  obeyed. 

Sec.  6*  Duties  of  Assistant  Engineer. — The  duties  of 
the  chief  engineer  shall,  in  his  absence  or  inability  to  act,  be, 
performed  by  the  assistant  engineer. 

Sec.  7.  Duties  of  Chief  Driver  and  Assistant  Drivers. — 
The  chief  driver,  assistant  drivers  shall  be  men  skilled  in 
the  care  and  management  of  horses,  and  it  shall  be  their  duty 
to  take  care  of,  groom,  feed  and  water  the  horses  belonging 
to  the  fire  department,  and  to  drive  the  team  attached  to  the 
hose  wagon  to  and  from  all  fires  and  alarms  of  fires,  and  gen- 
erally to  do  and  perform  all  such  work  and  labor  as  pertain 
to  the  management,  care  and  safe-keeping  of  the  horses,  har- 
ness and  other  apparatus  entrusted  to  them,  and  perform  any 
other  duty  required  by  the  chief  engineer  of  the  fire  depart- 
ment. 

Sec.  8.  Qualifications  of  Members. — No  person  shall  be 
appointed  or  employed _as  a member  of  the  fire  department 
who  is  not  over  twenty-one  and  under  fifty  years  of  age,  a cit- 
izen of  the  United  States  and  a legal  voter  of  the  city. 

Sec.  9.  Meetings  of. — The  whole  fire  department  shall 
meet  on  the  second  Friday  of  each  month,  and  at  such  other 
times  as  they  may  be  called  together  by  the  chief  engineer. 

Sec.  10.  Drilling  of. — Said  fire  company  shall  drill  reg- 
ularly once  per  month,  and  the  chief  shall  report  in  writing  to 
the  city  council  at  its  first  regular  meeting  in  each  month  the 
names  of  all  members  who  have  attended  fires,  false  alarms 
or  drills  for  the  past  month,  and  absence  by  any  member  for 
three  consecutive  drills  may  work  a forfeiture  of  such  mem- 
bership. 

Sec.  11.  Salaries. — The  members  of  the  fire  department 
shall,  as  compensation  for  their  services,  be  paid  as  follows: 
The  chief,  assistant  chief  and  hosemen  shall  receive  one  dollav 
($1.00)  for  any  fire  at  which  they  may  be  present  and  work- 
ing between  the  hours  of  6 o’clock  a.  m.,  and  9 o’clock  p.  m. ; 
and  two  dollars  ($2.00)  for  any  fire  at  which  they  may  be 
present  and  working  between  the  hours  of  9 o’clock  p.  m.,  and 
6 o’clock  a.  m. ; and  for  every  false  alarm  of  fire  each  mem- 
ber in  actual  attendance  shall  be  entitled  to  fifty  (50) cents. 

Sec.  12.  Roll  Call. — The  chief  of  the  fire  department, 
or  in  his  absence  the  other  officer  in  command,  shall,  after  the 
return  of  the  company  from  a fire,  institute  a roll  call  to  ascer- 
tain what  members  of  the  company  are  present  and  who  were 
actually  engaged  at  any  fire,  and  such  officer,  or  whoever  may 


82 


City  Ordinances 


be  in  command,  shall  report  the  names  of  the  members  so  en- 
gaged to  the  mayor  and  city  council  as  having  done  actual 
service  at  such  fire,  who  shall  be  paid  as  is  provided  in  the 
preceding  sections;  provided,  however,  that  firemen  who  put 
in  their  appearance  after  the  extinguishment  of  any  fire,  hut 
who  assist  in  the  labor  of  reeling  up  the  hose  and  getting  all 
the  equipments  transferred  to  headquarters  and  there  placed 
in  order,  shall  receive  but  one-half  the  amount  allowed  these 
having  rendered  full  service  on  the  occasion  of  any  fire. 

Sec.  13.  Alarm , Report  to  Chief  Engineer. — On  an 
alarm  of  fire  the  company  shall  report  themselves  promptly  to 
the  chief  engineer,  and  shall,  under  his  direction,  proceed  with 
the  hose-wagon,  or  other  apparatus,  to  the  fire,  and  remain  on 
duty  so  long  as  their  services  are  required,  and  until  dismissed 
by  the  officers  in  command. 

Sec.  14.  May  Take  Water  From  Any  Well. — When  a 
fire  shall  occur  in  any  part  of  the  city  it  shall  be  lawful  to  take 
water  from  any  well  or  cistern  for  the  purpose  of  extinguish- 
ing fire  or  for  the  purpose  of  protecting  any  buiding  or  build- 
ings by  such  fire  endangered,  notwithstanding  the  objection  of 
the  owner,  proprietor  or  tenant  in  possession  of  such  well  or 
cistern. 

Sec.  15.  May  Tear  Down  Or  Blow  Up  Buildings. — The 
fire  department  shall  have  power  to  tear  down  or  blovvV  up  any 
building  or  buildings,  when  in  the  judgment  of  the  chief 
and  assistant  engineers  (or  either  of  them  in  the  absence  of 
the  other)  the  same. is  actually  necessary  to  prevent  the  spread- 
ing of  the  fire. 

Sec.  16.  Police  Force. — The  chief  and  assistant  engin- 
eers shall  have  the  same  police  powers  at  all  fires  as  the  city 
constable  of  the  city,  and  may  command  such  assistance  from 
the  bv-standers  and  inhabitants  of  the  city  for  the  suppression 
and  extinguishing  of  fires  as  may  be  required;  they  shall  have 
power  to  order  any  company,  firemen  or  any  person  away  from 
the  neighborhood  of  the  fire. 

Sec.  17.  Right  of  Way. — All  fire  apparatus  shall  have 
the  right  of  way  upon  any  street,  avenue  or  highway  in  going 
to  any  alarm  of  fire. 

Sec.  18.  Not  to  Run  Over  Hose. — In  order  to  prevent 
injury  to  hose  from  passing  vehicles  when  necessarily  laid 
across  any  street  or  alley,  it  shall  be  the  duty  of  the  driver  of 
any  such  vehicles  to  drove  around  the  hose,  or  if  that  cannot 
be  done,  then  said  driver  shall  turn  his  vehicle  around  and  pro- 


City  Ordinances 


83 

ceed  over  some  street  or  alley  across  which  no  hose  is  laid. 

Sec.  19.  Department  May  Adopt  By-Lazvs. — The  de- 
partment may  adopt  such  constitution,  by-laws  and  regulations 
for  government,  subordinate  to  the  ordinances  of  the  city,  that 
they  may  deem  best  calculated  for  the  perfecting  and  preserv- 
ing the  organization  of  any  effective  fire  department,  and  to 
this  end  shall  hold  regular  monthly  meetings,  the  one  occuring 
in  July  to  be  the  annual  meeting,  at  which  they  shall  choose 
from  among  their  own  number  a president,  vice-president,  sec- 
retary and  such  other  officers  as  may  require,  in  accordance 
with  their  constitution ; provided,  however,  the  constitution, 
by-laws  and  regulations  for  the  government  of  the  fire  depart- 
ment which  may  be  adopted  by  them  shall  be  just  and  reason- 
able and  have  in  view  the  best  good  of  the  department,  but 
such  constitution,  by-laws  and  regulations  shall  not  go  into 
effect  nor  the  members  of  the  department  be  bound  thereby 
until  first  approved  by  the  council. 

Sec.  20.  Members  Exempt  From  Poll  Taxes  or  Jury 
Services. — The  firemen,  chief  driver  and  assistant  drivers  dur- 
ing their  services  as  such,  shall  be  exempt  from  all  street  and 
poll  tax,  and  from  all  jury  service. 

Sec.  21.  Secretary  to  Furnish  Assessor  List  of  Members. 
— The  secretary  of  the  fire  department  shall  furnish  the  city 
assessor  a list  of  the  members  exempt  by  this  ordinance  from 
paying  a poll  tax. 

Sec.  22.  Chief  to  Make  Purchases. — All  purchases  made 
for  the  use  of  the  fire  department  shall  be  made  by  the  chief 
and  assistant,  engineer,  with  the  consent  of  the  city  council, 
and  said  engineers  shall  certify  to  all  bills  of  whatsoever  na- 
ture against  said  department  before  the  same  shall  be  paid  by 
the  city. 

Sec.  23.  Intoxicating  Liquor  Not  Allowed  in  Engine 
House. — No  spirituous  liquors  shall  be  allowed  in  the  engine 
house,  and  any  member  drinking  any  such  liquor  in  an  engine 
house,  or  who  shall  be  intoxicated  in  or  about  the  same,  or  at 
any  fire,  may,  upon  complaint  and  satisfactory  evidence  there- 
of, be  discharged  by  the  mayor. 

Sec.  24.  Disorderly  Conduct  Not  Allowed  in  Engine 
House. — No  person  shall  tipple,  riot,  or  be  guilty  of  any  dis- 
orderly conduct  in  or  about  any  fire  engine  house.  Complaints 
for  a violation  of  the  provisions  of  this  ordinance  shall  be 
made  in  writing  to  the  chief  engineer,  who  shall  investigate 
the  same,  and  report  in  writing,  with  his  opinion,  to  the  mayor, 


84 


City  Ordinances 


who  is  hereby  authorized  to  remove  any  member  for  cause. 

Sec.  25.  Loafing  Not  Allowed  in  Engine  House. — Per- 
sons not  members  of  the  fire  department  are  forbidden  to  meet 
or  loiter  around  the  engine  bouses  or  other  houses  used  by 
the  department.  Men  on  duty  at  such  bouses  who  allow  the 
same  shall  be  subject  to  dismissal. 

Sec.  26.  Property  of. — All  property  of  the  fire  depart- 
ment and  uniforms  of  the  members  thereof  shall  remain  the 
property  of  the  city  of  Chillicothe. 

Sec.  27.  Chief  and  Assistant  Chief \ Salary  of. — The 
chief  of  the  fire  department  shall  receive  the  sum  of  fifty 
(50.00)  dollars  per  year  and  the  assistant  chief  the  sum  of 
twenty-five  (25)  dollars  per  year.  The  chief  driver  shall  re- 
ceive the  sum  of  fifty  (50)  dollars  per  month.  The  first  as- 
sistant driver  of  the  hose  wagon  the  sum  of  forty-five  (45) 
dollars  per  month.  The  second  assistant  driver  shall  receive 
the  sum  of  forty  (40)  dollars  per  month.  The  chief  and  as- 
sistant chief  of  the  fire  department  and  firemen  shall  receive 
such  further  compensation  as  provided  by  ordinance. 

(New  section.  Passed  and  approved  the  7th  day  of  Oc- 
tober, 1907.) 


CHAPTER  XV. 

Health  Department. 

Section  1.  Appointment  of.- — -That  the  city  council  shall 
at  their  first  business  meeting  after  their  election  appoint  a 
health  officer,  possessing  the  qualifications  as  named  in  Section 
1,  of  Article  VII,  of  the  city  charter,  who  shall  hold  his  office 
for  the  term  of  two  years,  and  until  his  successor  is  ap- 
pointed. 

Sec.  2.  Establish  Board  of  Health. — The  city  council 
shall,  at  the  same  time,  establish  a board  of  health  by  the 
appointment  of  three  physicians  possessing  the  qualifications 
named  in  Section  2,  of  Article  VII,  of  the  city  charter,  who 
shall  hold  their  offices  for  two  years,  and  until  their  successors 
are  appointed. 

Sec.  3.  City  Clerk  to  Notify. — It  shall  be  the  duty  of 
the  city  clerk  to  notify  immediately  the  health  officer  of  his 
appointment,  giving  the  names  of  the  members  of  the  board 
of  health  appointed  by  the  city  council.  The  health  officer 
shall,  after  receiving  said  notice,  notify  the  members  appointed 
by  the  city  council  as  a board  of  health,  of  their  appointments, 


I 


City  Ordinances  85 

and  naming  a day  and  place  for  the  meeting  for  perfecting 
an  organization. 

Sec.  4.  President  and  Clerk. — The  health  officer  shall 
he  president  of  said  board ; said  board  at  its  first  meeting  as 
aforesaid,  shall  elect  a clerk,  who  is  not  a member  of  the 
board,  and  who  is  qualified  as  provided  by  the  city  charter. 
The  said  clerk  shall  attend  all  meetings  of  the  board,  record 
all  its  proceedings,  keep  a strict  account  of  the  expenses  and 
do  and  perform  such  other  duties  as  may  be  required  of  him 
by  said  board.  All  expense  accounts  shall  be  signed  by  the 
president  of  the  board  and  certified  by  the  clerk,  before  the 
presentation  to  the  council  for  payment.  A majority  of  said 
board  shall  constitute  a quorum  to  do  business,  and  shall  meet 
twice  a month  between  April  1 and  November  1,  and  oftener 
if  necessary,  at  the  call  of  the  president. 

Sec.  5.  General  Supervision  Over  Public  Health. — The 
board  shall  have  general  supervision  over  the  public  health, 
and  within  the  quarantine  jurisdiction  of  the  city,  the  board 
shall  see  that  all  laws  and  regulations  pertaining  to  the  public 
health  and  sanitary  condition  of  the  city  are  enforced. 

Sec.  6.  Physician  for  City  Hospital. — The  board  may 
appoint  a resident  physician  for  the  city  hospital  and  pest 
house,  and  select  all  officers  for  the  said  board,  as  well  as  for 
the  city  hospital  and  pest  house,  that  may  be  necessary,  and 
appoint  guards  when  necessary  for  the  city  hospital,  pest  house 
and  quarantine,  and  the  city  council  shall  fix  their  compensa- 
tion. 

Sec.  7.  Sanitary  Inspector. — The  said  board  may  ap- 
point one  or  more  sanitary  inspectors,  who  shall  have  author- 
ity to  enter  into  any  house  or  building,  lots  or  place  of  every 
description,  in  the  day  time,  within  the  city,  and  within  the 
quarantine  jurisdiction  of  the  city  and  examine  into  the  san- 
itary condition  thereof,  and  report  the  same  to  the  board  of 
health.  The  board  shall  give  all  such  directions  and  adopt  all 
measures  necessary  for  the  cleansing  and  purifying  of  such 
buildings,  lots  and  other  places,  and  to  do  and  cause  to  be  done 
everything  which  in  its  opinion  shall  be  deemed  necessary. 
Every  person  who  shall  disobey  any  order  of  the  board  of 
health  which  shall  have  been  personally  served  upon  him,  to 
abate  or  remove  any  nuisance  in  the  manner  at  the  time  pre- 
scribed in  the  order,  shall,  on  conviction  thereof,  be  punished 
for  each  offense  by  a fine  not  exceeding  five  hundred  (500) 
dollars,  or  imprisonment  not  exceeding  thirty  (30)  days,  or 


City  Ordinances 


86 

both  such  fine  and  imprisonment. 

Sec.  8.  Abatement  of  Nuisances. — It  shall  be  lawful  for 
the  board  of  health,  in  all  cases,  when  it  may  be  deemed  neces- 
sary for  the  more  speedy  execution  of  its  orders,  to  cause  any 
such  nuisance  or  nuisances  to  be  abated  or  removed  at  the  ex- 
pense of  the  city,  and  to  cause  such  nuisance  or  nuisances 
which  may  exist  upon  the  property  of  non-resident  owners, 
or  where  the  owners  of  such  property  cannot  be  found,  or  art 
unknown  and  cannot  be  ascertained,  to  cause  any  such  nuisances 
to  be  removed  in  like  manner,  at  the  expense  of  the  city,  and 
the  sum  or  sums  so  expended  in  the  abatement  or  removal 
of  such  nuisances  in  such  cases  with  lawful  interest  thereon, 
shall  be  an  incumbrance,  as  any  tax  upon  real  estate,  upon  the 
lots  or  premises  from  or  upon  which  said  nuisances  shall  be 
abated  or  removed,  and  payment  thereof  may  be  enforced  in 
like  manner  as  other  taxes  upon  real  estate  authorized  to  be 
levied  by  the  city. 

Sec.  9.  Fence  Up  Streets. — It  shall  be  the  duty  of  the 
board  of  health  to  cause  any  avenue,  street  or  alley,  or  other 
passage  whatever,  to  be  fenced  up  or  otherwise  enclosed,  if  it 
thinks  that  the  public  safety  requires  it,  and  to  adopt  suitable 
measures  to  prevent  all  persons  from  going  to  any  part  of  the 
city  so  enclosed,  except  by  authority;  by  resolution  to  direct 
any  bedding,  clothing,  putrid  or  unsound  beef,  pork,  fish,  hides 
or  skins  of  any  kind,  or  any  other  articles  found  within  the 
city  and  which  in  its  opinion  shall  be  dangerous  to  the  in- 
habitants thereof,  to  be  destroyed  in  such  manner  as  it  may 
direct ; and  it  may  employ  such  persons  as  it  may  deem  proper, 
to  remove  or  destroy  such  articles;  and  any  person  who  shall 
in  any  manner  resist  or  hinder  any  person  so  employed,  shall 
be  guilty  of  a misdemeanor,  and  upon  conviction  thereof, 
shall  be  punished  by  a fine  not  exceeding  one  hundred  (100) 
dollars  or  imprisonment  not  exceeding  thirty  (30)  days,  or 
both,  and  all  such  fines,  when  collected,  shall  be  paid  into  the 
city  treasury;  to  procure  suitable  places  for  the  reception  of 
persons  sick  of  any  pestilential,  infectious  or  contagious  dis- 
eases, and  in  all  cases,  when  sick  persons  cannot  otherwise  be 
provided  for,  to  procure  for  them  medicine,  medical  and  other 
proper  attendance  and  provisions,  to  forbid  and  prevent  all 
communication  with  the  house  or  family  infected  with  any 
contagious,  infectious  and  pestilential  disease,  except  by  means 
of  physicians,  nurses  and  messengers,  to  carry  the  necessary 
advice,  medicines  and  provisions  to  the  afflicted ; to  publish 


City  Ordinances 


87 

from  time  to  time  all  such  regulations  as  it  shall  make,  in  such 
manner  as  to  secure  early  and  full  publicity  thereto. 

Sec.  10.  Powers  of. — The  board  of  health,  during  the 
prevalence  of  Asiatic  cholera,  or  any  emidemic,  contagious  or 
infectious  disease,  shall  have  full  power  and  authority,  when 
said  board  shall  deem  it  necessary,  to  take  possession  of,  and 
occupy,  either  for  temporary  hospitals,  for  the  treatment  and 
care  of  persons  suffering  from  any  such  disease,  or  for  the 
purpose  of  detaining  therein  all  persons  who  have  been  ex- 
posed to  such  disease,  any  suitable  building  or  buildings  in  the 
city,  and  shall  have  the  power  to  properly  furnish,  equip, 
guard,  supply  and  care  for  the  same  for  such  purposes;  but 
the  city  of  Chillicothe  shall  pay  for  private  property  so  taken, 
a just  compensation  for  the  same,  and  shall  pay  for  all  furnish- 
ings, supplies  and  equipments,  guards  and  other  necessaries 
furnished  the  same.  And  in  all  cases  of  epidemic,  contagious 
or  infectious  diseases  hr  the  city,  when  the  said  board  shall 
deem  it  necesary  for  the  safety  of.  the  public  health,  said  board 
shall  have  the  power,  by  an  order  duly  entered  upon  the 
records  of  such  board,  to  arrest  and  detain  in  any  such  hos- 
pitals all  persons  suffering  from  any  such  disease,  or  who  may 
have  been  exposed  thereto,  until  such  time  as  such  persons 
may,  in  the  judgment  of  the  board,  be  released  with  safety 
to  the  health  of  the  public.  And  when  the  safety  of  the  public 
health  shall  require,  said  board  shall  have  full  power  and  au- 
thority to  establish  and  maintain  quarantine  and  quarantine 
districts,  and  confine  therein  all  persons  who  have  been  exposed 
to  any  such  disease;  to  require  all  persons  attending  any 
school,  college,  academy  or  conservatory,  public  or  private, 
within  the  said  city,  as  a condition  precedent  to  their  right  to 
attend  the  same,  to  observe  such  precautions  and  take  such 
steps  to  prevent  the  spread  of  such  disease  as  the  board  may 
require;  to  forbid  the  assembling  together  in  all  public  man- 
ner of  all  persons  whomsoever,  unless  under  such  precautions 
and  restrictions  as  the  board  may  have  previously  required; 
and  such  board  shall  have  the  further  power  to  make  all  other 
reasonable  rules,  orders,  regulations  and  requirements  as  the 
nature  of  the  disease,  the  emergencies  of  the  case,  and  the 
safety  of  the  public  may  require.  It  shall  be  the  duty  of  all 
persons  within  the  city  to  obey  all  orders  so  made  by  said 
board  of  health,  from  the  time  of  receiving  notice  of  the  same, 
whether  such  notice  be  actually  conveyed  in  person  or  be  made 
by  publication.  And  any  person  refusing  to  obey  any  such 


88 


City  Ordinances 


order  or  requirement  so  made  by  said  board,  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  convicition  shall  be  fined  in 
a sum  not  less  than  five  dollars  nor  more  than  two  hundred 
dollars.  It  shall  he  the  duty  of  the  city  constable  and  the  city 
police  to  enforce  all  such  orders  and  regulations  of  the  said 
board  as  far  as  in  their  power  lies,  when  so  ordered  by  the 
board  or  its  president. 

Sec.  1 1.  Complaint,  Hozv  Made. — It  shall  be  the  duty  of 
the  hoard  of  health,  on  complaint  being  made  to  it,  on  the 
affidavit  of  some  credible  person,  or  whenever  it  shall  deem 
any  business,  trade  or  profession  carried  on  by  any  person  or 
persons  or  corporations  within  the  sanitary  jurisdiction  of  the 
city,  detrimental  to  the  public  health,  to  notify  such  person  or 
persons  or  corporations,  to  show  cause  before  the  board  of 
health  at  a time  and  place  to  be  specified  in  such  notice,  why 
the  same  should  not  be  discontinued  or  removed,  which  notice 
shall  be  a notice  of  not  less  than  three  days ; except  in  cases  of 
epidemic  and  pestilence,  the  board  of  health  may,  by  a gen- 
eral order,  direct  a shorter  time,  not  less  than  twenty-four 
hours,  and  it  may  be  served  by  leaving  the  same  at  place 
of  business  or  residence  of  the  parties  to  be  affected  thereby. 
Cause  may  be  shown  by  affidavit  and  if  in  the  opinion  of  the 
board  of  health  no  good  and  sufficient  cause  be  shown  why 
the  same  should  not  be  discontinued  or  removed,  the  board 
1 shall  order  the  said  parties  to  discontinue  or  remove  the  same 
within  such  time  as  the  board  may  deem  necessary,  and  the 
order  of  the  board  shall  be  final  and  conclusive  therein. 

Sec.  12.  Nuisances,  Entered  on  Proper  Book. — The 
board  shall  keep  a book  in  which  all  complaints  of  nuisances 
shall  be  entered.  When  complaint  is  made  by  any  person  of 
any  nuisance  the  same  shall  be  entered  in  said  book,  giving  a 
full  statement  of  all  the  facts  in  relation  thereto,  and  shall  be 
signed  by  the  party  making  the  complaint.  The  board,  after 
complaint  is  entered,  shall  immediately  investigate  such  charge, 
and  if  found  to  be  true  shall  declare  the  object,  filth  or  matter 
complained  of  to  be  a nuisance,  and  shall  make  a record  of  the 
same  and  shall  at  the  same  time  make  an  order  requiring  the 
person  or  corporation  to  remove  or  abate  such  nuisance  within 
such  time  as  the  board  may  in  its  discretion  determine.  The 
board  shall  at  once  cause  the  clerk  to  make  out  two  copies  of 
such  order  and  deliver  them  to  the  city  constable  or  any  sani- 
tary inspector,  who  shall  serve  the  same  on  the  person  or  cor- 
poration named  by  leaving  one  of  said  copies  with  such  person 


City  Ordinances 


89 

or  corporation  and  return  the  other  to  the  clerk  with  his  re- 
turn stating  when  and  how  served,  and  the  clerk  shall  file  the 
same.  If  the  person  or  corporation  named  in  such  order  and 
notice  shall  fail  or  refuse  to  abate  or  remove  such  nuisance 
before  or  at  the  expiration  of  the  time  named  therein,  then 
such  person  or  corporation  shall  be  prosecuted  before  the  police 
judge  for  maintaining  such  nuisance,  and  on  conviction  may 
be  punished  as  provided  in  Section  seven  of  this  ordinance. 
It  is  hereby  made  the  duty  of  the  sanitary  inspector  or  city 
constable  who  serves  such  order  and  notice  to  notify  the  pres- 
ident of  the  board  of  health  at  the  expiration  of  the  time 
named  in  the  order  and  notice  as  to  whether  the  same  has 
been  complied  with:  If  the  nuisance  has  not  been  removed 

or  abated,  or  if  the  person  or  corporation  refuses  to  comply 
with  such  notice  and  order,  then  it  shall  be  the  duty  of  the 
president  of  the  board  to  cause  the  clerk  to  deliver  the  notice 
and  order  on  file  in  his  office  to  the  city  attorney,  whose  duty 
it  shall  be  to  file  an  information  against  such  person  or  corpor- 
ation for  the  maintenance  of  such  nuisance.  It  shall  be  the  duty 
of  the  president  of  the  board  to  aid  in  the  prosecution  of  all 
such  cases  by  giving  to  the  attorney  the  names  of  all  necessary 
witnesses  and  to  furnish  all  evidence  that  the  board  of  health 
may  be  in  possession  of  against  the  person  or  corporation. 
In  case  the  order  and  notice  named  in  this  section  cannot  be 
personally  served  or  where  the  person  or  corporation  is  a non- 
resident, then  the  board  shall  proceed  as  directed  by  Section 
eight  of  this  ordinance. 

Sec.  13.  Notices , How  Signed  and  Served. — All  orders 
and  notices  under  this  ordinance  shall  be  signed  by  the  presi- 
dent of  the  board  of  health,  attested  by  the  clerk,  and  may  be 
served  by  the  city  constable  or  any  sanitary  inspector. 

Sec.  14.  Not  to  Affect  Other  Powers. — Nothing  in  this 
ordinance  shall  affect  the  rights  and  authority  of  the  city  of- 
ficers nor  the  jurisdiction  of  the  police  court  in  any  proceed- 
ings under  any  other  ordinance  of  the  city  pertaining  to 
nuisances.  But  all  actions  shall  when  instituted  under  such 
ordinances  be  proceeded  with . as  therein  directed,  and  any 
violation  of  the  provisions  of  such  ordinances  by  any  person 
or  corporation  shall  be  controlled  by  the  ordinance  violated 
under  which  the  proceeding  is  first  instituted. 

Sec.  15.  Persons  Coming  From  Other  Places,  Where 
Any  Infectious  Disease  May  Be  Raging. — If  the  board  of 


90 


City  Ordinances 


health  at  any  time  shall  have  knowledge  that  any  person  is  in 
this  city  who  may  recently  have  come  from  any  city,  town  or 
place  where  any  infectious  disease  may  be  raging  as  an  epi- 
demic, and  in  the  judgment  of  the  hoard  there  may  be  danger 
that  such  person  may  have  been  exposed  to  such  disease  before 
coming  to  this  city,  it  shall  be  the  duty  of  the  board  to  im- 
mediately examine  into  the  matter.  After  such  matter  has 
been  inquired  into  and  the  board  shall  be  of  the  opinion  that 
there  may  be  danger  that  such  person  may  communicate  the 
disease  to  the  people  of  this  city  or  any  of  them,  'then  the 
board  shall  take  such  action  and  use  such  precaution  as  the 
circumstances  of  the  case  seem  to  justify. 

Sec.  16.  Physician  to  Report  to  Secretary. — That  every 
physician  doing  professional  business  within  the  limits  of  the 
city,  shall  within  twenty-four  hours  after  he  shall  have  first 
visited  a patient,  who  is,  or  whom  he  may  believe  to  be  afflicted 
with,  or  exposed  to  by  any  pestilential,  cantagious  or  infectious 
disease,  report  the  same  to  the  secretary  of  the  board  of 
health  of  the  city,  or  the  mayor. 

Sec.  17.  Physician  to  Report  Deaths  to  Secretary. — 
It  shall  be  the  duty  of  each  practicing  physician  to  report  to 
the  secretary  of  the  board  of  health,  the  death  of  every  pa- 
tient upon  whom  he  may  have  been  attending,  within  twenty- 
four  hours  after  such  death  shall  occur,  together  with  the 
name,  age,  sex,  color,  and  birth  place  of  such  patient,  and  the 
specific  type  or  nature  of  the  disease,  or  cause  of  such  death. 

Sec.  18.  Duty  of  Mid-Wife. — It  shall  be  the  duty  of 
every  physician  and  mid-wife  to  report  to  the  secretary  of  the 
board  of  health  of  this  city  on  the  first  day  of  every  month,  in 
accordance  with  the  printed  forms  to  be  furnished  by  the  clerk, 
a statement  of  the  sex  and  date  of  birth,  and  the  names  of  the 
parents  of  every  child  born  in  this  city  during  the  month  next 
preceding  said  report;  and  in  case  no  physician  or  mid-wife 
attended  at  the  birth  of  any  child  born  in  this  city  it  is  hereby 
made  the  duty  of  the  father  and  mother  to  make  such  report 
to  the  clerk  of  the  board  of  health. 

Sec.  19.  Penalty. — Any  practicing  physician  who  shall 
neglect  or  refuse  to  perform  the  duties  required  of  him  by  the 
provisions  of  the  three  preceding  sections,  shall  be  deemed 
guilty  of  a misdemeanor,  and  on  conviction  thereof,  shall  be 
punished  by  a fine  not  less  than  one  not  more  than  twenty-five 
dollars. 


City  Ordinances 


91 


Sec.  20.  Salary  of  Health  Officer. — The  health  officer 
shall  receive  as  full  compensation  for  his  services  an  annual 
salary  of  one  hundred  dollars  payable  quarterly. 

Passed  and  approved  the  10th  day  of  December,  1906. 

Sec.  21.  Salary  of  Members. — Each  member  of  the 
board  of  health,  except  the  health  officer,  shall  receive  for  his 
services  as  a member  of  the  board,  the  sum  of  one  dollar  and 
fifty  cents  for  each  meeting  of  the  board  of  health  at  which 
he  is  present,  to  be  paid  at  the  end  of  each  fiscal  quarter.  The 
clerk  of  the  board  of  health  shall  receive  for  his  services  the 
sum  of  two  dollars  for  each  meeting  of  the  board  at  which  he 
is  present,  to  be  paid  at  the  end  of  each  fiscal  quarter.  It  shall 
be  the  duty  of  the  clerk  at  the  end  of  each  fiscal  quarter  Hp 
certify  to /the  city  auditor  the  number  of  meetings  held  by  the 
board  during  the  last  fiscal  quarter,  giving  the  name  of  each 
member  attending  such  meetings,  including  the  health  officer 
and  the  clerk,  and  the  amount  due  each  which  said  several  sums 
shall  be  audited  and  reported  by  the  auditor  to  the  city  coun- 
cil for  allowance  at  the  next  regular  meeting  thereof. 

(New  section.  Passed  and  approved  the  27th  day  of 
July,  1907.) 

ORDINANCE  No.  6. 

An  Ordinance  in  Relation  to  City  Revenue. 

Section  1.  Object  of  Taxation. — Be  it  ordained  by  the 
mayor  and  city  council  of  the  city  of  Chillicothe,  Missouri, 
for  the  support  of  the  city  government  and  the  advancement 
of  its  interests  there  shall  be  levied  annually  a tax  for  general 
purposes  not  exceeding  fifty  cents  on  one  hundred  dollars  as- 
sessed valuation  thereof  on  all  property,  real,  personal  and 
mixed,  within  the  city  limits  subject  to  taxation  for  state  and 
county  purposes,  and  a poll  tax  of  one  dollar  and  fifty  cents 
upon  all  the  male  citizens  over  the  age  of  twenty-one  and  un- 
der fifty  years,  and  tax  for  special  purposes  as  are  prescribed 
by  ordinance. 

Sec.  2.  To  Be  Assessed  at  Cash  Value. — All  property 
whatsoever,  shall  be  assessed  at  its  cash  value,  but  real  estate 
shall  not  have  a higher  valuation  placed  thereon  than  the  val- 
uation placed  on  it  for  county  and  state  purposes. 

Sec.  3.  Personal  Pro'pcrty,  How  Assessed. — In  assess- 
ing personal  property  the  assessor  shall,  as  far  as  possible,  visit 
the  residence  or  place  of  business  of  each  person  owning 


City  Ordinances 


92 

personal  property  and  require  such  person  to  list  all  per- 
sonal property  owned,  by  or  in  the  possession  of,  or  under  the 
control  of  such  person,  separating  and  placing  each  kind  of 
property  in  the  space  designated  on  such  list,  first  administer- 
ing an  oath  to  answer  all  questions  touching  the  personal 
property  or  its  value.  When  the  list  is  complete  he  shall  re- 
quire such  person  to  sign  and  verify  the  affidavit  thereto.  I if 
any  person  refuse  to  take  said  oath,  or  shall  refuse  to  sign  and 
verify  such  affidavit,  he  shall  note  such  refusal  on  said  list, 
and  report  in  writing,  at  once,  such  person  to  the  city  attorney 
for  prosecution,  as  the  law  directs;  and  he  shall  assess  such 
person  according  to  the  best  information  he  can  get,  as  pro- 
vided by  law,  and  to  do  so  he  may  enter  upon  the  premises  of 
such  person  and  value  such  property  according  to  his  judg- 
ment, noting  these  facts  in  writing  on  such  lists. 

Sec.  4.  Property  Exempt  From  Taxation. — The  follow- 
ing subjects  shall  be  exempt  from  taxation,  to-wit:  All  prop- 

erty, whether  real  or  personal,  belonging  to  the  United  States ; 
State  of  Missouri ; County  of  Livingston ; City  of  Chillicothe ; 
all  United  States  bonds,  all  school  houses,  churches,  chapels, 
and  other  buildings  used  for  the  purpose  of  education  or  wor- 
ship, with  their  furniture  and  equipments,  and  the  lands  ap- 
purtenant thereto,  and  used  therewith,  so  long  as  the  same  shall 
be  used  for  those  purposes  only;  hospitals  and  cemeteries, 
when  used  only  for  the  care  of  the  sick  or  the  interment  of  the 
dead ; and  all  property,  real  and  personal,  used  exclusively  for 
agricutural  or  horticultural  societies. 

Sec.  5.  # Auditor  to  Deliver  Books  for  Land  Assessment. 
— The  city  auditor  shall  on  or  before  the  first  day  of  January 
in  each  year  deliver  to  the  assessor  a map  of  the  city  showing 
as  far  as  practicable  the  lots,  blocks,  outlots,  pieces,  tracts,  ad- 
ditions and  subdivisions  thereof  and  cause  to  be  made  out  and 
delivered  to  the  city  assessor  a book,  to  be  known  as  the  land 
assessment  list,  containing  a list  and  description  of  all  tax- 
able lots  and  lands,  to  be  in  numerical  order  as  far  as  practic- 
able. The  names  of  the  owners  shall  be  set  opposite  to  their 
real  estate,  when  known,  and  when  unknown  a blank  shall  be 
left  for  the  entry  thereof  by  the  assessor ; and  it  shall  be  the 
duty  of  the  assessor  to  fill  the  same  with  the  name  of  the  owner 
when  ascertained.  At  the  close  of  the  land  list  shall  be  placed 
all  land  which  cannot  be  properly  described  by  their  numerical 
order  as  lots  and  blocks,  which  shall  be  otherwise  briefly 
described,  indicating  the  quality  and  location  thereof,  with 


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the  owner’s  name  alphabetically  arranged,  opposite  thereto, 
and  the  assessor  may  require  the  owners  of  such  property  to 
furnish  him  a correct  description  thereof,  and  in  case  of  the 
failure  of  any  such  owner  to  furnish  such  description  at  least 
fifteen  days  before  the  time  fixed  for  the  return  of  the  assess- 
ment, the  assessor  may  require  the  city  engineer  to  make  and 
return  to  him  a survey  of  such  property,  and  the  expense  of 
such  survey  shall  be  returned  by  the  assessor,  together  with 
his  assessment  of  the  property,  and  shall  be  added  to  the  tax  to 
be  levied  upon  the  property  and  collected  as  part  thereof.  1 he 
owner  of  an  undivided  interest  in  any  parcel  of  land  may  furn- 
ish to  the  assessor,  such  parcel,  with  the  amount  of  his  interest 
therein,  and  the  assessor  shall  then  assess  such  undivided  in- 
terest with  the  name  of  the  owner  thereof  as  a separate  parcel; 
but  unless  such  description  and  statement  is  so  furnished,  the 
assessor  shall  not  be  required  to  make  such  separate  assess- 
ment. The  assessor- shall  number  each  parcel  of  land  assessed 
in  the  order  of  the  same  upon  the  assessment  book.  If  the  as- 
sessor shall  discover  that  any  real  or  personal  property 
which  was  subject  to  taxation  for  any  previous  year  was  not 
assessed,  or  for  any  cause  has  escaped  taxation  for  such  year, 
it  shall  be  the  duty  of  the  assessor  in  addition  to  the  assess- 
ment for  the  then  ensuing  year,  to  assess  such  property  for  the 
year  or  years  in  which  the  same  was  untaxed. 

Sec.  6.  Auditor  to  Deliver  Books  for  Personal  Property. 
— The  city  auditor  shall  also,  on  or  before  the  first  day  of 
January  in  each  year,  cause  to  be  made  out  and  deliver  to  the 
city  assessor  a separate  book,  to  be  known  as  the  personal 
property  list,  which  shall  contain  a column  for  the  names  of  all  . 
persons  liable  to  assessment,  to  be  alphabetically  arranged,  and 
the  assessor  shall  set  opposite  their  names  the  personal  prop- 
erty respectively  owned  by  them ; such  personal  property  list 
may  be  in  the  following  form : 

First  column  for: 

Horses,  mares,  colts  and  geldings,  all  ages,- mules,  all  ages, 
neat  cattle,  all  ages,  hogs,  all  ages,  and  other  live  stock. 

Second  column : 

Pianos  and  other  musical  instruments,  clocks,  watches, 
chains  and  appendages,  sewing  machines,  gold  and  silver  plate, 
jewelry  of  all  kinds,  household  and  kitchen  furniture. 

Third  column : 

Money  on  hand. 

Fourth  column : 


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Money  deposited  in  bank  or  other  safe  place. 

Fifth  column: 

All  moneys,  notes,  bonds  and  other  evidences  of  indebt- 
edness held  by  me,  or  in  trust  under  my  care  and  manage- 
ment. 

Sixth  column : 

Aggregate  statement  of  all  solvent  notes  unsecured  by 
mortgages  or  deeds  of  trust.. 

Seventh  column : 

Aggregate  statement  of  all  solvent  notes  secured  by 
mortgages  or  deeds  of  trust. 

Eighth  column : 

Aggregate  statement  of  all  solvent  bonds,  whether  state, 
county,  town,  city  and  township,  of  incorporated  or  unincor- 
porated companies. 

Ninth  column : 

All  bank  stock  of  every  description,  whether  state  or  na- 
tional banks,  corporate  or  incorporate. 

Tenth  column : 

All  libraries. 

Eleventh  column : 

All  goods,  wares  and  merchandise  owned  by  merchants 
or  which  they  may  have  in  their  possession  or  under  their 
control,  whether  owned  or  consigned  to  them. 

Twelfth  column: 

All  other  property  not  above  enumerated,  including  pleas- 
ure carriages,  wagons,  carts,  vehicles;  shares  of  stock  or  in- 
terests held  in  printing  presses,  type  or  machinery;  tobacco, 
hemp  and  cotton  factories,  tobacco  stemmeries,  grist  mills  and 
all  property  belonging  to  manufactories  of  whatever  kind; 
wool  carding  machines;  post-coaches,  carriages,  wagons,  bug- 
gies and  vehicles  kept  for  transportation  of  mails;  carriages, 
hacks,  omnibuses  and  other  vehicles  kept  for  transporting 
persons;  painting  and  statuary. 

Thirteenth  column : 

Total  valuation. 

Sec.  7.  Return  by  Assessor. — It  shall  be  the  duty  of  the 
city  assessor,  between  the  first  day  of  January  and  the  first 
day  of  April,  of  each  year,  to  make  and  return  to  the  city 
council  a full  and  complete  assessment  of  all  property,  real 
and  personal,  in  such  city  on  the  first  day  of  January  of  such 
year,  and  not  exempt  from  municipal  taxation,  including  all 
goods,  wares  and  merchandise,  kept  on  hand  for  sale  by  mer- 


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chants  doing  business  in  said  city,  also  including  all  property, 
real,  personal  or  mixed,  lands,  machine  and  work-shops,  round- 
houses, ware-houses  and  other  buildings,  goods,  chattel  and 
office  furniture  of  whatever  kind,  owned  or  controlled  by  any 
railway  company  or  corporation  in  the  city,  as  provided  and 
required  by  Section  9360  Revised  Statutes  of  1899,  also,  in- 
cluding, a list  in  alphabetical  order,  of  the  names  of  all  per- 
sons in  the  city  on  such  first  day  of  January,  liable  to  pay  a 
poll-tax.  All  real  estate  assessed  shall  be  returned  in  one  book, 
and  all  other  lists  in  one  book  under  separate  headings.  Such 
books  shall  be  certified  by  his  affidavit  thereto,  that  he  has 
made  diligent  efforts  to  discover  all  the  taxable  property  with- 
in the  city  limits  on  the  first  day  of  January,  and  that  so  far 
as  he  has  been  able  to  ascertain  it  is  correctly  set  forth  in  the 
foregoing  books,  in  the  manner  and  of  the  value  therein  stated, 
according  to  law.  __ 

Sec.  8.  Notice  by  Assessor. — The  city  assessor  shall  on 
the  second  Monday  in  March  of  each  year,  cause  to  be  in- 
serted in  six  issues  of  the  official  paper  of  the  city,  the  fol- 
lowing notice : 

“Notice  is  hereby  given  that  the  assessment  books  of 
real  and  personal  estate  in  the  city  of  Chillicothe  for  the  year 
19.  . . .,  have  been  completed  and  will  be  returned  to  the  city 
council  by  the  assessor  on  the  first  Monday  in  April.  All 
persons  feeling  themselves  aggrieved  by  the  assessments  of 
their  property  are  hereby  requested  to  make  or  file  their  ob- 
jections in  the  city  clerk’s  office  on  or  before  said  date  or 
appear  before  the  city  council  at  said  time  and  the  same  will 
be  heard. 


Assessor. 

Sec.  9.  Council  to  Sit  as  Court  of  Equalisation. — The 
city  council  at  its  first  meeting  in  April,  shall  sit  as  a court 
of  equalization  and  all  persons  feeling  themselves  aggrieved 
by  the  assessment  of  their  property  by  the  city  assessor,  may 
appear  and  make  or  file  their  objections  to  such  assessment, 
which  objections  shall  be  disposed  of  by  the  court  in  the  sum- 
mary way  and  the  court  shall  have  power  and  authority  to 
correct  any  error  that  may  appear  on  the  assessment  books 
to  increase  or  diminish  the  assessment  of  any  property  on 
said  books,  and  to  add  any  property  omitted  to  be  assessed 
by  the  assessor,  with  the  value  thereof.  The  assessor  shall  also 
attend  upon  the  sessions  of  the  court  and  make  such  correc- 


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96 

tions  on  the  assessments  as  may  be  ordered  by  the  court,  such 
corrections  shall  not  be  made  by  an  erasure  or  interlineation, 
but  be  placed  in  a column  opposite  original  valuation  in  red 
ink. 

Sec.  10.  Confirmation  of  Books — Council  Make  Levy. — 
When  said  books  shall  have  been  revised  and  corrected  by  the 
court,  the  same  shall  be  filed  and  an  order  of  confirmation 
entered,  which  order  may  be  in  the  following  form : 
CONFIRMATION  OF  BOOKS. 

“The  assessment  books  of  the  city  of  Chillicothe  for  the 
year  190 — , having  been  duly  made  and  returned  by  the  as- 
sessor, and  revised  and  corrected  by  the  council,  after  due 
notice  to  persons  aggrieved  thereby,  and  full  hearing  of  all 
objections  thereto,  it  is  hereby  ordered  that  said  books  and  the 
several  assessments  therein  contained  as,  revised  and  corrected 
by  the  city  council,  be  and  the  same  are  hereby  confirmed.” 

The  city  council  shall  thereupon,  by  resolution,  levy  upon 
all  property  described  in  said  books,  such  sum  or  sums  of 
money,  not  exceeding  fifty  cents  on  the  one  hundred  dollars, 
as  may  be  required  for  any  purpose  for  which  they  may  be 
authorized  to  levy  tax. 

Sec.  11.  Auditor  to  Extend  Taxes — Auditor  to  Deliver 
Tax  Books , Form  of  Warrant. — On  the  day  next  after  the 
passage  of  the  resolution  levying  the  taxes  for  any  fiscal  year, 
the  city  clerk  shall  deliver  to  the  city  auditor,  the  assessment 
books  for  such  year,  and  also  a certified  copy  of  such  resolu- 
tion; also,  a certified  copy  of  the  levy  made  by  the  board  of 
education  of  the  city  of  Chillicothe,  for  school  purposes,  levy- 
ing the  taxes  for  that  year;  also,  on  or  before  the  10th  day  of 
August  of  each  year,  shall  make,  certify  and  deliver  to  the 
county  court  of  Livingston  County,  a copy  of  such  resolution 
showing  the  assessment,  rate  and  levy  as  made  by  the  city 
council  as  provided  and  required  by  Section  9362  Revised 
Statutes  of  1899.  The  auditor  shall  forthwith  proceed  to  ex- 
tend the  taxes  for  the  year  in  suitable  books  for  that  pur- 
pose ; and  shall  also  extend  upon  said  book  against  any  par- 
cel of  real  estate  returned  by  the  assessor  as  untaxed  for  any 
year  or  years,  the  amount  of  the  tax  for  such  year  or  years,  for 
which  the  same  was  untaxed,  according  to  the  rate  of  taxa- 
tion, as  prescribed  by  resolution  for  such  year.  In  extending 
the  taxes  upon  personal  property,  it  shall  only  be  necessary  for 
the  ^auditor  to  extend  the  same  upon  the  gross  amount  as- 


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sessed  against  each  person.  After  so  extending  such  taxes, 
the  auditor  shall  foot  up  the  gross  amount  of  all  taxes  as  shown 
by  the  books,  upon  real  estate,  the  amount  of  all  taxes  upon 
personal  property,  and  poll  taxes  for  the  fiscal  year,  and  also 
the  gross  amount  of  all  said  several  kinds  of  taxes  as  shown 
by  the  books;  and  also  of  all  taxes  for  previous  years  for 
which  property  was  untaxed,  and  finally  shall  foot  up  the 
gross  amount  of  all  taxes  of  whatever  nature  for  the  fiscal 
year  and  prior  years,  and  shall  enter  such  footings  in  said 
books  in  their  appropriate  places;  and  shall  also  make  an  ab- 
stract thereof,  at  the  end  of  the  personal  tax  book.  He  shall 
then  append  to  said  book  his  certificate,  to  the  effect  that  the 
taxes  therein  contained,  are  truly  and  correctly  extended  and 
entered  according  to  the  assessment  of  the  property,  the  resolu- 
tion levying  the  taxes  for  the  fiscal  year  and  all  laws  and  or- 
dinances regulating  such  entries.  The  book  containing  the  as- 
sessment and  taxes  upon  real  estate  when  so  extended  and 
certified  shall  be  entitled  and  called  “Land  Tax  Book  of  19. .” 
and  the  book  containing  the  assessment  and  taxes  upon  per- 
sonal property,  and  polls  shall  be  entitled  and  called  “Personal 
Tax  Book  of  19...” 

The  auditor  shall  on  or  before  the  first  day  of  July  in  each 
year,  deliver  the  tax  book,  authenticated  by  the  seal  of  the  city, 
to  the  city  collector  with  a warrant  which  may  be  in  the  fol- 
lowing form : 


WARRANT. 

STATE  OF  MISSOURI,  ) 

^ ss 

County  of  Livingston,  J- 

The  people  of  the  state  of  Missouri,  to  the  collector  of 
the  city  of  Chillicothe,  greeting : 

Whereas,  the  city  council  of  the  city  of  Chillicothe,  did, 
on  the  ....  day  of  ....  A.  D.  19. . . .,  levy  and  assess  upon 
the  assessed  value  for  the  year  19.  . . .,  of  the  real  and  per- 
sonal estate  hereinbefore  described,  the  several  sums  set  oppo- 
site thereto  in  the  appropriate  columns  respectively  (here  in- 
sert the  particular  taxes  levied)  for  the  municipal  year  end- 
ing   

Now,  therefore,  you  are  commanded  to  make,  levy  and 
collect  the  said  several  sums  of  money  set  opposite  to  the 
real,  personal  estate,  hereinbefore  described,  as  taxes  hereon 
for  the  year  aforesaid  of  the  goods  and  chattels  of  the  re- 


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spective  owners  of  said  real  and  personal  estate,  and  thereof 
make  due  return  in  what  manner  you  shall  execute  this  war- 
rant, on  or  before  the  first 'day  of  ....  next  after  this  date. 

Auditor  of  the  city  of  Chillicothe. 
Witness,  this  ....  day  of 19  .... 


City  Clerk. 

(L- 

The  auditor  before  delivering  said  tax  books  and  war- 
rant, will  take  a receipt  from  the  collector  for  the  aggregate 
amount  thereof  and  charge  the  same  to  him. 

Sec.  12.  Taxes  When  Due — Collector  Give  Notice. — 
All  taxes  shall  become  due  and  payable  on  the  first  Monday  of 
July  of  each  year  and  the  collector  shall  immediately  after  re- 
ceiving the  tax  books  and  warrant  give  notice  for  at  least 
twenty  days  in  the  official  paper  of  the  city,  that  said  tax 
books  are  in  his  hands  for  collection. 

Sec.  13.  Collector  Shall  Demand. — If  such  taxes  are 
not  paid  within  ninety  days  from  the  last  publication  of  said 
notice,  the  collector  shall  demand  the  same  at  the  abode  or 
usual  place  of  business  of  all  such  persons  as  are  known  to 
him,  who  have  failed  to  make  payment  of  their  taxes,  either 
by  personal  application  or  by  a written  or  printed  notice  of  the 
amount  of  taxes  due  from  such  person,  properly  addressed  to 
him  through  the  postoffice,  or  left  at  his  usual  place  of  abode, 
The  notice  may  be  in  the  following  form : 

NOTICE. 


To  A.  B. : 

A tax  of  $ being  on  poll  and  personal  estate, 

levied  in  the  city  of  Chillicothe,  for  the  year  19.  . . .,  is  now 
due  and  unpaid. 

In  case  the  same  is  not  paid  by  the.  . . .day  of . . . .next 
a sufficient  amount  of  your  property  to  satisfy  said  tax  and 
the  costs  thereon  accruing  will  be  seized  and  sold  in  the  man- 
ner directed  by  law.  The  said  tax  may  be  paid  to  me  at ...  . 
on  or  before  the day  of 


City  Collector. 

Sec.  14.  Taxes  Become  Delinquent , When. — On  the 
first  day  of  January  of  each  year  all  taxes  contemplated  in 
this  ordinance  shall  become  delinquent  and  a penalty  of  one 


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per  centum  shall  be  added  to  all  taxes  remaining  due  and  un- 
paid on  that  day,  and  upon  the  first  day  of  each  month  there- 
after an  additional  penalty  of  one  per  centum  shall  be  added 
to  all  taxes  remaining  due  and  unpaid. 

Sec.  15.  If  Not  Paid  After  Demand , to  Collect  by  Sale. 
— If  any  personal  taxes  become  delinquent  the  city  collector 
shall  make  out  a certified  tax  bill  thereof  and  shall  thereupon 
proceed  to  collect  the  amount  due  upon  said  certified  tax  bill, 
together  with  the  penalty,  interest  and  cost  due  thereon  by 
seizing  a sufficient  amount  of  the  personal  property  of  the 
delinquent  fund  within  the  city  to  satisfy  said  tax  bill,  penalty, 
interest  and  cost  and  shall  sell  the  same  in  the  manner  pro- 
vided by  the  laws  of  this  state  for  the  sale  of  personal  prop- 
erty by  constables  on  execution.  The  collector  upon  making 
said  seizure  shall  Indorse  upon  said  certified  tax  bill  a list  of 
the  property  seized  and  may  take  bond  from  the  delinquent 
with  good  and  sufficient  security  for  the  forthcoming  of  said 
property  on  the  day  of  sale. 

'Sec.  16.  Duty  of  Collector  to  Return  Delinquent  List — 
Auditor  to  Make  Back  Tax  Books. — It  shall  be  the  duty  of 
the  city  collector,  annually  to  make  out  and  return  to  the  city 
council,  at  its  first  meeting  in  April  of  each  year,  under  oath 
a list  of  delinquent  taxes,  both  real  and  personal.  The  city 
council  shall  carefully  examine  said  list  and  if  it  shall  appear 
that  all  property  and  taxes  contained  in  said  list  are  proper- 
ly returned  as  delinquent  the  council  shall  approve  the  same 
and  cause  a record  thereof  to  be  made  on  the  journal  and  the 
amount  thereof  to  be  credited  to  the  city  collector.  Thereupon 
the  city  auditor  shall  add  a penalty  of  ten  per  cent  on  all  taxes 
remaining  unpaid  and  thereafter  such  taxes  and  penalties  shall 
bear  ten  per  cent  interest  per  annum  until  paid.  He  shall  then 
make  such  delinquent  list  and  penalty  in  a “Back  Tax  Book” 
and  shall  return  the  same  to  the  city  collector,  who  shall -be 
charged  with  the  aggregate  amount  thereof  and  who  shall 
proceed  to  collect  the  same  in  the  manner  and  under  the  same 
regulations  as  are  or  may  be  provided  by  law,  for  the  collec- 
tion of  delinquent  taxes  for  state  and  county  purposes.  He 
shall  also  cause  the  personal  delinquent  list  to  be  returned  to 
the  city  collector  who  shall  be  charged  therewith  and  who  shall 
proceed  to  collect  the  same  in  the  manner  and  by  the  means 
hereinbefore  provided. 

Sec.  17.  Collector  Shall  Return  Back  Tax  Books. — At 
the  first  regular  meeting  of  the  city  council,  in  April,  of  each 


100 


City  Ordinances 


year,  the  city  collector  shall  return  the  delinquent  lists  and 
back  tax  books  under  oath  or  affirmation,  to  the  city  council, 
and  make  settlement  of  his  accounts  for  all  moneys,  received 
by  him  on  account  of  taxes  and  other  sources  of  revenue  and 
the  amount  of  such  delinquent  lists,  or  so  much  thereof  as  the 
council  shall  find  properly  returned  delinquent,  shall  be  al- 
lowed and  credited  to  him  on  his  settlement.  Before  allowing 
the  collector  such  credit  for  any  delinquent  lists,  the  council 
shall  make  special  inquiry  and  be  fully  satisfied  that  he  has  used 
due  diligence  to  collect  the  same  and  that  he  could  not  find 
any  personal  property  of  the  tax  payer  out  of  which  to  make 
the  taxes.  If  the  council  is  satisfied  that  there  are  any  names 
on  the  lists  of  persons  who  have  personal  property  out  of 
which  the  taxes  could  have  been  made,  they  shall  in  passing 
upon  such  lists,  strike  such  names  therefrom. 

Sec.  18.  Auditor  to  Make  Back  Taxes  Into  a Consoli- 
dated Back  Tax  Book. — The  city  auditor  shall  every  three 
years  cause  all  the  back  taxes,  due  the  city,  on  real  estate,  to 
be  made  into  a “Consolidated  Back  Tax  Book.”  The  said 
book  shall  be  made  out  and  turned  over  to  the  collector  as  the 
annual  “Back  Tax  Book”  is  made  out  and  turned  over  to  the 
city  collector. 

Sec.  19.  What  Taxes  Included  In  Book. — The  “con- 
solidated back  tax  book,”  mentioned  in  the  preceding  section, 
shall  contain  all  the  delinquent  taxes  on  real  estate,  due  the 
city.  The  said  book  shall  also  contain  the  year  or  years  for 
which  real  estate  owned  by  each  person  is  delinquent. 

Sec.  20.  Collector  to  Collect  Taxes — Has  Power  to  Em- 
ploy Attorneys — Fees. — The  city  collector  shall  proceed  to 
collect  the  taxes  contained  in  such  “consolidated  back  tax 
book”  as  herein  provided  and  for  the  purpose  of  prosecuting 
suits  under  this  ordinance,  the  collector  shall  have  power,  with 
the  approval  of  the  city  council,  to  employ  such  attorneys  as 
he  may  deem  necessary,  who  shall  receive  as  fees  in  any  suit, 
ten  per  cent  of  the  amount  of  taxes  actually  collected  and 
paid  unto  the  city  treasury  which  sum  shall  be  taxed  on  the 
cost  in  the  suit  and  collected  as  other  costs. 

Sec.  21.  Suits  How  Prosecuted , Tax  Bills,  Etc. — All 
actions  commenced  under  the  provisions  of  this  ordinance 
shall  be  prosecuted  in  the  name  of  the  city  of  Chillicothe,  Mis- 
souri, at  the  relation  and  to  the  use  of  the  collector  of  said 
city,  and  against  the  owner  of  the  property,  and  all  real  cs- 


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101 


tate  owned  of  the  same  person  or  persons  may  be  included  in 
one  petition,  and  in  one  count  thereof,  for  the  taxes  of  all  such 
years  as  taxes  may  be  due  thereon,  and  said  petition  shall  show 
the  different  years  for  which  taxes  are  due,  as  well  as  the  sev- 
eral kinds  of  taxes  or  funds  to  which  they  are  due,  with  the 
respective  amounts  due  to  each  fund,  all  of  which  shall  be  set 
forth  in  a tax  bill  of  said  back  taxes  duly  authenticated  by  the 
certificate  of  the  city  collector  and  filed  with  the  petition;  and 
said  tax  bill  or  bills  so  certified  shall  be  prima  facie  evidence 
that  the  amount  claimed  in  the  said  suit  is  just  and  correct, 
and  all  notices  and  process  in  suits  under  this  ordinance  shall 
be  sued  out  and  served  in  the  same  manner  as  in  civil  actions 
in  circuit  courts.  In  all  suits  hereunder,  the  general  laws  of 
the  state  as  to  practice  and  proceedings  in  civil  cases  shall  ap- 
ply, so  far  as  applicable. 

Sec.  22.  Judgment . — The  judgment,  if  against  the  de- 
fendant, shall  describe  the  land  upon  which  taxes  are  found  to 
be  due;  shall  state  the  amount  of  taxes  and  interest  found  to 
be  due  upon  each  tract  or  lot,  or  block,  and  the  year  or  years 
for  which  the  same  are  due,  up  to  the  rendition  thereof,  and 
shall  decree  that  the  lien  of  the  city  be  enforced,  and  that  the 
real  estate  or  as  much  thereof  as  may  be  necessary  to  satisfy 
such  judgment,  interest  and  cost,  be  sold,  and  a special  fieri 
facias  shall  be  issued  thereon,  which  shall  be  executed  as  in 
other  cases  of  special  judgment  and  executed,  and  said  judg- 
ment shall  be  a first  lien  upon  said  real  estate. 

Sec.  23.  Sheriff  to  Execute  Deed. — The  sheriff  shall  ex- 
ecute to  the  purchasers  of  real  estate  under  this  ordinance,  a 
deed  for  the  property  sold,  which  shall  be  acknowledged  be- 
fore the  Circuit  court  of  Livingston  county,  Missouri,  as  in 
ordinary  cases,  and  which  shall  convey  a title  in  fee  to  such 
purchasers  of  the  real  estate  therein  named  and  shall  be 
prima  facie  evidence  of  title,  and  that  the  matter  and  things 
therein  stated  are  true.  (New  Section.  Passed  and  approved 
the  12th  day  of  April,  1909.) 

Sec.  24.  Assessment  Lien  on  Property. — When  any 
property  in  this  city  shall  have  been  assessed  in  conformity 
with  the  provisions  of  this  ordinance,  such  assessment  shall 
constitute  a valid  lien  upon  the  property  so  assessed,  and  such 
lien  shall  carry  with  it  all  interests,  penalties,  and  costs  that 
may  accrue  under  any  provisions  of  this  ordinance,  and  shall  be 
perpetuated  against  such  property,  into  whose  hands  so  ever 
the  same  may  pass,  and  can  only  be  discharged  by  a full  pay- 


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ment  of  such  assessment  with  interest  and  costs  as  provided  in 
this  ordinance,  or  by  law  of  the  state  of  Missouri. 

Sec.  25.  Not  to  Invalidate  Suits  or  Proceedings. — 
Nothing  in  this  ordinance  shall  affect  or  in  any  way  invalidate 
any  suit  or  proceedings  heretofore  had  or  any  suit  or  proceed- 
ing that  may  be  now  pending  for  taxes  due  the  city  in  any 
court,  nor  affect  or  in  any  way  invalidate  any  tax  deed  hereto- 
fore made  by  the  city  collector  to  any  real  estate  sold  for  city 
taxes,  and  no  proceedings  heretofore  had  in  relation  to  the 
enforcement  of  the  city’s  lien  against  real  estate  for  back 
taxes  due  the  city  under  any  ordinance  shall  be  invalidated  or 
affected  by  this  ordinance.  No  right  or  interest  of  the  city 
under  any  ordinance  in  relation  to  back  taxes  due  the  city 
passed  and  in  force  prior  to  the  taking  effect  of  this  ordinance 
shall  be  affected  or  invalidated  by  any  of  the  provisions  of  this 
ordinance. 

Sec.  26.  Ordinances  in  Conflict  Repealed. — All  ordi- 
nances or  parts  of  ordinances  in  conflict  herewith,  be  and  the 
same  are  hereby  repealed. 

Passed  and  approved  this  17th  day  of  December,  1906. 

ORDINANCE  No.  7. 

An  Ordinance  in  Relation  to  the  City  Licenses  and  License 
Taxes  in  the  City  of  Chillicothe,  Missouri. 

Be  it  ordanined  by  the  mayor  and  city  council  of  the  city 
of  Chillicothe,  Missouri,  as  follows : 

Sec.  1.  Levy  on  Sundry  Businesses.. — There  is  hereby 
levied,  and  the  city  collector  shall  collect,  a standing  license 
tax  on  the  several  avocations,  trades  and  lines  of  business 
hereinafter  named,  and  upon  the  persons  engaged  therein  in  the 
respective  amounts  specified  in  this  ordinance.  No  other  or 
further  levy  of  any  such  license  tax  shall  be  necessary  or  re- 
quired than  is  made  herein  and  hereby. 

1.  Auctioneers  shall  pay  a license  tax  of  five  dollars  per 
annum. 

2.  Keepers,  owners  or  managers  of  beer  depots  or  store- 
rooms, fifty  dollars  per  annum. 

3.  Butchers,  twenty-five  dollars  per  annum. 

4.  Commission  merchants,  ten  dollars  per  annum. 

5.  Owners  or  managers  of  hay  scales,  coal  scales,  and 
all  kinds  of  scales,  kept  or  maintained  for  hire,  five  dollars  per 
annum. 


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103 


6.  Hawkers  or  hucksters,  five  dollars  per  annum. 

7.  Mercantile  agents,  two  dollars  per  day  or  fifteen  dol- 
lars per  annum. 

8.  Insurance  companies,  ten  dollars  per  annum. 

9.  Express  companies,  ten  dollars  per  annum. 

10.  Oil  dealers,  retail,  five  dollars  per  wagon  per  annum. 

11.  Oil  dealers,  wholesale,  twenty-five  dollars  per  an- 
num. 

12.  Opera  house,  sixty  dollars  per  annum. 

13.  Pawn  brokers,  twenty-five  dollars  per  annum. 

14.  Coal  and  wood  dealers,  five  dollars  per  annum. 

15.  Patent  right  dealers  or  patent  right  agents,  twenty 
dollars  per  annum. 

16.  Restaurants,  or  lunch  stands,  ten  dollars  per  an- 
num. ~~ 

17.  Dealers  in  second-hand  goods,  six  dollars  per  an- 
num. 

18.  Hot  tamales,  wiener-wurst,  or  similar  supply  deal- 
ers, ten  dollars  per  annum,  for  each  can  or  other  similar  re- 
ceptacle used  in  such  business. 

19.  Tea,  coffee  and  baking  powder  dealers,  all  or  either 
of  them  or  any  other  articles  of  merchandise  whatsoever,  sell- 
ing at  retail  from  wagon,  ten  dollars  per  annum. 

Sec.  2.  Porters , Runners  or  Drummers. — Porters,  run- 
ners or  drummers  for  hotels,  taverns,  restaurants  or  boarding 
houses,  or  eating  houses  or  lunch  stands,  or  for  any  vehicle 
named  in  the  city  ordinance  relating  to  porters,  five  dollars, 
provided  that  such  licenses  for  such  porters,  runners  and 
drummers,  when  taken  out  by  the  keepers  or  proprietors  of 
hotels,  taverns,  restaurants,  or  boarding  houses  or  eating- 
houses  or  lunch  stands,  or  any  vehicle  as  aforesaid,  shall  be 
valid  until  the  expiration  of  such  license,  notwithstanding  the 
fact  that  the  particular  porters,  runners,  or  drummers  acting 
for  such  hotels,  restaurants,  or  boarding  houses  or  eating 
houses  or  lunch  stands,  or  vehicles  at  the  time  of  the  taking  out 
of  such  licenses,  may  be  replaced  by  other  individuals  before 
the  expiration  of  such  licenses;  and  provided  further  that  no 
such  license  shall  protect  more  than  one  such  porter,  runner  or 
drummer  at  one  time  and  no  such  license  shall  be  transferable 
by  the  hotel  keeper,  or  restaurant  keeper,  or  boarding  house 
keeper,  or  other  person  taking  out  the  same. 

Sec.  3.  Carriages,  Hacks  or  Omnibuses. — Owners, 
keepers  or  managers  of  carriages,  hacks,  omnibuses,  and  other 


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vehicles  for  carrying  passengers  for  hire,  ten  dollars  per  an- 
num for  each  vehicle. 

Sec.  4.  Drays,  Transfers  or  Job  Wagons. — Owners, 
keepers  or  managers  of  carts,  drays,  transfer,  and  job  wagons, 
and  other  vehicles  for  transporting  goods  and  property  for 
hire,  five  dollars  per  annum  for  each  vehicle  drawn  by  two 
draft-animals,  and  two  dollars  and  fifty  cents  per  annum  for 
each  vehicle  by  one  draft  animal  or  drawn  or  propelled  by 
hand. 

Sec.  5.  Waggonettes  and  Tallyhos. — Owners,  keepers, 
or  managers  of  waggonettes,  having  side  seats,  or  tallyhos, 
used  on  days  of  public  gatherings,  circuses  and  fairs  and  for 
special  excursion  parties,  ten  dollars  per  annum  for  each  ve- 
hicle. 

Sec.  6.  Carriages  for  Special  Occasions. — Owners, 
keepers  or  managers  of  cabs  or  carriages  used  for  special 
services  only  five  dollars  per  annum  for  each  vehicle. 

Sec.  7.  Regulating  Charges  for  Transporting  Persons. 
— It  shall  not  be  lawful  under  this  ordinance  for  any  person, 
agent,  owner  or  party  in  charge  of  any  vehicle  licensed  by  the 
city,  used  for  the  conveying  of  passengers,  to  charge  more 
than  25c  for  each  passenger,  together  with  his  or  her  baggage 
not  exceeding  25  pounds,  but  under  no  circumstances  shall 
said  vehicle  carry  more  than  25  pounds  of  baggage. 

Sec.  8.  Regulating  Charges  for  Transporting  Goods, 
Wares  and  Merchandise. — It  shall  not  be  lawful  under  this 
ordinance  for  any  person,  agent,  owner  or  party  in  charge  of 
any  vehicle  licensed  by  the  city  and  used  for  the  transporta- 
tion of  goods,  wares,  merchandise  or  any  material  or  any 
other  article  to  charge  more  than  25c  per  load,  to  be  hauled 
a distance  of  5 blocks,  and  no  more  than  40c  for  a distance  of 
more  than  6 blocks,  and  for  moving  families  6 blocks  or  less, 
40c,  and  for  moving  families  over  6 blocks,  75c. 

Sec.  9.  Vehicles  Subject  to  License  Under  This  Ordi- 
nance.— Any  vehicle  used  or  kept  for  use,  for  hauling  or  trans- 
fering  for  hire,  pay  or  profit,  any  goods,  wares,  merchandise 
or  property  of  any  kind,  not  owned  by  the  owner  of  the  ve- 
hicle, shall  be  subject  to  a license  under  this  ordinance. 

Sec.  10.  Dray  Licettse  on  Public  Occasions. — Dray  li- 
cense shall  entitle  the  holder  thereof  to  solicit  on  the  public 
square  and  streets,  and  transfer  passengers  on  days  of  public 
gatherings,  circuses  and  fairs;  provided,  however,  that  no 


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105 


other  vehicle  shall  be  used  other  than  the  dray  having  the  li- 
cense. 

Sec.  11.  Vehicle  to  Have  Name  of  Owner  Thereon. — 
Each  cart,  dray,  transfer  and  job  wagon,  shall  have  printed 
thereon,  the  name  of  the  owner  of  such  vehicle,  the  number  of 
his  license  and  the  word,  cart,  dray,  transfer  or  job  wagon,  as 
the  case  may  be. 

Sec.  12.  But  One  Vehicle  to  Run  Under  Same  License. 
— Under  the  provisions  of  this  ordinance,  it  shall  be  unlawful 
for  more  than  one  vehicle  to  run  under  the  same  license. 

Sec.  13.  Billiard  Tables — Not  to  Permit  Minors  to  Play 
Thereon. — Keepers,  owners  or  managers  of  billiard  tables  or 
of  pool  tables,  shall  pay  a license  tax  upon  such  tables  in  the 
following  amounts  to  wit : Upon  one  billiard  table,  twenty- 

five  dollars  per  armum;  upon  one  pool  table,  fifteen  dollars 
per  annum;  upon  one  billiard  table  and  one  pool  table  when 
kept  or  maintained  at  the  same  time  and  place,  the  sum  of 
* thirty-five  dollars  per  annum,  which  said  amount  shall  cover 
both  such  tables  and  for  each  additional  table,  the  sum  of  fif- 
teen dollars  per  annum;  and  every  keeper  or  manager  of  a 
bowling  alley,  or  of  a tenpin  alley,  or  of  a ball  alley  of  any 
kind  shall  pay  a license  tax  of  twenty  dollars  per  annum ; and 
every  keeper  or  manager  of  any  form  of  gaming  table  per- 
mitted to  be  run  under  the  laws  of  this  state,  not  otherwise 
specified  or  named  herein,  shall  pay  a license  tax  upon  each 
such  table  in  the  sum  of  ten  dollars  per  annum. 

It  shall  be  unlawful  for  the  keeper  of  any  table  or  game 
mentioned  in  this  section  to  suffer  any  person  under  the  age  of 
twenty-one  years  to  play  at  any  game  kept  by  him  or  be  in  any 
room  while  such  game  is  being  played,  without  the  permission 
in  writing  of  the  father,  mother  or  guardian  first  granted,  and 
shall  at  all  times  keep  on  orderly  place  and  cause  the  same  to 
be  closed  at  twelve  o’clock  at  night,  and  not  open  again  till 
five  o’clock  in  the  morning,  and  no  playing  shall  be  allowed  on 
any  table  or  at  any  game  when  said  place  is  closed,  and  shall 
keep  his  place  closed  on  the  first  day  of  the  week,  commonly 
called  Sunday. 

Sec.  14.  Hotels  and  Boarding  Houses. — The  keeper  of 
every  tavern,  or  hotel,  doing  business  within  the  city  shall  pay 
a license  tax  of  twenty  dollars  per  annum;  and  the  keeper  of 
every  public  boarding  house  doing  business  within  the  city 
shall  pay  a license  tax^  of  twelve  dollars  and  fifty  cents  per 
annum;  and  for  the  purpose  of  this  ordinance,  a public  board- 


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City  Ordinances 


ing  house  shall  be  construed  to  be  a house,  not  being  hotel,  for 
the  accommodation  of  boarders  or  lodgers  for  hire  to  the 
number  of  five  (5),  or  more  at  any  one  time. 

Sec.  15.  Pop-Corn,  Lemonade,  and  Lunch  Stands — 
Baby  Rack,  Cane  Rack,  or  Knife  Board. — Everp  person,  firm 
or  corporation  who  shall,  upon  occasion  of  any  public  festivity 
or  assemblage,  keep  a pop-corn  stand,  lemonade  stand,  lunch 
stand  or  restaurant,  all  or  either  of  them,  for  the  time  being, 
shall  pay  a license  tax  of  two  dollars  per  day,  or  ten  dollars 
per  annum;  baby-rack,  cane-rack,  or  knife-board  shall  pay  a 
license  tax  of  two  dollars  per  day  or  fifteen  dollars  per  an- 
num. 

Sec.  16.  Circuses. — Every  person,  firm  or  manager  ex- 
hibiting a circus,  show,  equestrian  performance,  or  menagerie, 
charging  as  a general  admission  the  sum  of  fifty  cents  shall 
pay  a license  tax  of  seventy-five  dollars,  provided  that  if  more 
than  twenty-five  cents  is  charged  for  reserved  seats,  one  hun- 
dred and  twenty-five  dollars  shall  be  charged  for  every  day 
the  same  shall  be  exhibited  within  the  city  limits,  or  shall  pa- 
rade and  make  a public  display  upon  the  streets  of  the  city  ; 
the  owners  or  managers  of  any  show  of  the  class  commonly 
known  as  “side  shows”  shall  pay  a license  tax  of  ten  dollars 
per  day  for  every  day  the  same  or  the  larger  show  or  circus 
to  which  it  is  attached  shall  exhibit  or  parade  within  the  city 
limits;  and  small  tent  shows,  commonly  known  as  “ten  cent 
shows”  or  “twenty  cent  shows,”  and  all  shows  of  similar 
character  shall  pay  a license  tax  of  twenty  dollars  per  day  for 
each  day  the  same  shall  exhibit  or  parade  within  the  city 
limits;  dog  and  pony  shows  shall  pay  a license  tax  of  twenty- 
five  dollars  per  day.  All  contracts  made  or  licenses  granted 
under  this  section,  shall  be  made  and  executed  by  the  city  at- 
torney on  behalf  of  the  city. 

Sec.  17.  Museums. — Every  person,  firm  or  manager, 
who  shall  exhibit  any  museum  or  any  show  essentially  of  the 
character  of  a museum,  within  the  city  limits,  shall  pay  a li- 
cense tax  in  the  sum  of  five  dollars  per  day  for  each  day  the 
same  shall  be  exhibited. 

Sec.  18.  Mercantile  Agent  Defined. — A mercantile  agent 
is  hereby  defined  to  be  any  person  having  a place  of  business  in 
the  city  of  Chillicothe,  where  orders  for  the  sale  and  delivery 
of  merchandise  are  taken,  or  who  shall  go  from  place  to  place 
within  the  city  of  Chillicothe  and  shall  take  orders  for  the 


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107 


sale  of  goods,  wares,  and  merchandise  for  future  delivery, 
either  by  himself  or  some  other  person. 

Sec.  19.  Unlawful  to  Act  as  Insurance  Agent  Without 
Company  Has  License. — It  shall  be  unlawful  for  any  person 
or  persons  to  act  as  agent  in  any  capacity  for  any  person,  as- 
sociation, partnership,  company  of  persons  or  corporations, 
engaging  in,  or  carrying  on  the  business  of  insurance  in  this 
city,  without  such  person,  firm,  company  of  persons,  or  corpo- 
ration has  obtamed  a license  therefor,  as  provided  by  this  or- 
dinance. 

Sec.  20.  U unlawful  to  Act  as  Express  Agent  Without 
Company  Has  License. — It  shall  be  unlawful  for  any  person, 
firm,  company  or  corporation  to  act  as  agent  for  any  express 
company  doing  business  in  the  city,  without  such  express 
company  has  obtained  a license  therefor  as  required  by  this 
ordinance. 

Sec.  21.  Masquerade  Balls. — Every  person,  or  associa- 
tion of  persons,  managing  or  giving  any  public  masquerade, 
ball,  or  dance,  for  gain,  or  profit,  within  the  city,  shall  pay  a 
license  tax  of  five  dollars  for  each  such  entertainment ; and 
every  person,  or  association  of  persons,  owning,  managing, 
giving  or  controlling  any  theatrical,  operatic,  or  other  similar 
exhibition,  or  any  show,  or  amusement,  or  entertainment,  not 
already  hereinbefore  designated,  or  concert,  or  public  lecture, 
or  public  exhibition  of  ventriloquism,  or  of  spirit  rapping,  or 
of  other  spiritualistic  demonstration,  or  of  mind  reading,  or 
of  legerdemain  or  of  sleight-of-hand  tricks,  or  of  musical  per- 
formance or  entertainment,  for  gain,  or  profit,  or  for  any  ad- 
vertising purpose,  at  any  other  place  within  the  city  than  at  a 
regular  licensed  opera  house,  or  regularly  licensed  public  hall, 
shall  pay  a license  tax  of  five  dollars  for  each  and  every  such 
entertainment ; provided,  that  nothing  in  this  section  contained 
shall  be  construed  as  applying  to  any  amateur,  or  purely  char- 
itable performance. 

Sec.  22.  Rope  Walking. — Every  person  who  shall  give, 
manage,  or  control,  any  public  rope-walking,  or  wire-walking, 
in  or  over  or  upon  or  along  or  across  any  of  the  public  streets 
of  the  city,  shall  pay  a license  tax  of  two  dollars  per  day. 

Sec.  23.  Hand  Organ , M'usic  Box , Etc. — Every  person, 
who  shall,  for  money,  or  for  advertising  purposes,  exhibit  on 
any  street,  or  other  public  place  within  the  city,  including  all 
public  parks  and  other  places  of  public  resort,  any  hand  or- 
gan, music-box  of  any  kind  or  description,  organette,  or  simi- 


108 


City  Ordinances 


lar  contrivance,  shall  pay  a license  tax  of  two  dollars  per  day 
therefor;  provided,  that  this  section  shall  not  apply  to  musical 
boxes  or  instruments  kept  for  sale  in  any  regular  store  in  the 
city. 

Sec.  24.  Punch  and  Judy. — Every  person,  or  associa- 
tion of  persons,  who  shall  for  money,  or  for  advertising  pur- 
poses, give,  on  any  public  street,  or  within  any  public  build- 
ing or  room,  or  tent,  or  other  enclosure,  or  structure  within 
the  city,  any  exhibition  of  the  character  known  as  “Punch  and 
Judy”  shows,  or  who  shall,  for  money  or  advertising  pur- 
poses, exhibit  any  trained  animal  or  animals,  within  the  city 
(not  being  a menagerie)  shall  pay  a license  tax  of  two  dollars 
per  day  therefor. 

Sec.  25.  Opticians  or  Occulists,  Transient — Telescopic, 
Lung  Testers,  Muscle  Developers,  Magnifying  Glasses. — 
Every  traveling  or  transient  optician  or  occulist,  before  doing 
business  as  such  optician  or  occulist,  shall  pay  a license  tax 
of  $5  per  day,  $25  per  month  or  $50  per  year.  A traveling 
optician  or  occulist  is  hereby  defined  to  be  any  person  or  per- 
sons who  shall  advertise  or  otherwise  announce  his  or  their 
business  of  fitting,  selling  or  otherwise  disposing  of  eyeglasses, 
spectacles,  or  optical  goods,  while  temporarily  located  in  any 
hotel,  boarding  house,  mercantile  establishment,  doctor’s  or 
dentist’s  office,  or  in  any  store  or  office  building,  or  in  any 
building  or  place  whatsoever,  or  who  shall  go  from  house  to 
house,  fitting,  selling  or  taking  orders  for  eye-glasses,  spec- 
tacles or  optical  goods,  within  the  city  limits.  Every  person 
who  shall  for  money,  or  for  advertising  purposes,  give  any 
exhibition,  within  the  city  of  horoscopic  views,  telescopic 
views,  lung  testers,  muscle  developers,  magnifying  glasses,  or 
any  fight  enterprise  or  any  gymnastic,  athletic,  or  contortion- 
ist exhibition  shall  pay  a license  tax  of  two  dollars  per  day 
therefor.  Any  person  violating  any  of  the  provisions  of  this 
section  shall  upon  conviction  be  fined  not  less  than  one  nor 
more  than  fifty  dollars.  (New  Section.  Passed  and  approved 
this  1st  day  of  April,  1909.) 

Sec.  26.  Fortune  Tellers. — Every  fortune  teller,  or 
clairvoyant,  shall  pay  a license  tax  of  five  dollars  per  day,  or 
fifty  dollars  per  annum;  every  corn  doctor  shall  pay  a license 
tax  of  one  dollar  per  day,  or  ten  dollars  per  annum;  and  the 
keeper  or  manager  of  every  pistol,  or  shooting  gallery,  shall 
pay  a license  tax  of  one  dollar  per  day.  or  fifteen  dollars  per 
annum. 


City  Ordinances 


109 


Sec.  27.  Peddlers. — Every  peddler  shall  pay  a license 
tax  of  two  dollars  per  day,  or  twenty-five  dollars  per  annum ; 
without  exception;  and  every  hawker  of  goods,  wares,  mer- 
chandise, nostrums,  or  patent  medicines,  shall  pay  a license  tax 
of  five  dollars  per  day;  and  every  manager  of,  or  person  own- 
ing or  controlling  a public  revolving  swing,  or  “merry-go- 
round”  run  or  operated  for  gain,  or  profit,  shall  pay  a license 
tax  of  five  dollars  per  day. 

Sec.  28.  Peddlers  Defined. — A peddler  is  any  person 
who  shall  deal  in  the  selling  of  patents,  patent  rights,  patent 
or  other  medicines,  lightning  rods,  goods,  wares,  or  merchan- 
dise, except  books,  charts,  maps,  and  stationery,  by  going 
from  place  to  place~*to  sell  them,  and  no  two  or  more  persons 
shall  deal  as  peddlers  under  the  same  license,  either  as  part- 
ners, agents,  employes  or  otherwise 

Sec.  29.  Commission  Merchant  Defined. — A commission 
merchant  is  any  person,  firm,  company  or  corporation  having 
a place  of  business,  who  for  another  person  and  for  a commis- 
sion or  other  compensation,  buys  or  sells  or  receives  on  con- 
signment for  sale,  or  negotiation  between  the  owner  and  pur- 
chaser for  the  purchase  and  sale  of  goods,  wares  and  mer- 
chandise, flour,  grain,  country  produce  or  other  articles  of 
commerce. 

Sec.  30.  Hawker  Defined. — A hawker  is  hereby  defined 
to  be  any  person  who  carries  his  goods,  wares  or  merchandise 
about  and  sells  them  on  the  streets  or  other  places,  and  at- 
tracts customers  and  purchasers  by  public  outcry  or  any  other 
signals. 

Sec.  31.  Transient  or  Auction  Stores. — Every  persom 
company  or  corporation  in  charge  of  an  auction  store,  dam- 
aged or  bankrupt  stocks  of  goods,  doing  business  within  the 
city  of  Chillicothe,  Missouri,  and  every  transient  merchant 
doing  business  within  the  city,  shall  pay  a license  tax  of  $10.00 
per  day  for  every  day  less  than  one  month,  or  $50.00  per  month 
for  any  time  less  than  a year,  or  $150.00  per  year;  and  for  the 
purposes  of  this  ordinance  and  section,  “An  Auction  Store”  is 
hereby  declared  to  be  any  establishment  or  store  in  which 
goods,  wares  or  merchandise  are  regularly  cried  for  sale  to  the 
best  or  highest  bidder  or  is  the  chief  feature  or  principal  meth- 
od of  disposing  of  stocks  of  goods.  A dealer  in  “Bankrupt  or 
Damaged”  stocks  of  goods,  wares  or  merchandise,  is  hereby 
declared  to  be  any  person,  company  or  corporation  that  by 
newspaper  notices  or  signs,  written  or  printed  placards,  shall 


City  Ordinances 


110 

advertise  any  goods  for  sole  as  bankrupt  or  damaged  stocks 
of  goods.  A transient  merchant  is  hereby  defined  to  be  any 
person,  company  or  corporation,  in  charge  of,  or  who  opens  a 
place  of  business  in  the  city  for  the  purpose  of  temporarily 
selling  fruit  or  vegetables,  clothing,  dry  goods,  jewelry,  mu- 
sical instruments,  sewing  machines,  or  any  other  goods,  wares 
or  merchandise  or  offering  the  same  for  sale,  in  any  quantity, 
from  any  car,  warehouse  or  other  place  whatsoever  within  the 
city  limits.  Provided  that  any  merchant,  company  or  corpora- 
tion, within  the  city,  having  paid  a license  tax  to  the  city  re- 
quired for  his  line  of  business,  shall  have  the  right  to  close 
out  his  or  the  firm’s  stock  of  goods  at  auction  without  paying 
the  license  named  in  this  section.  This  section  shall  not  be 
construed  as  applying  to  any  person  selling  produce  or  articles 
that  he  produces  or  raises  by  his  own  labor  or  upon  his  own 
premises.  (New  Section.  Passed  and  approved  May  4th, 
1908.) 

Sec.  32.  Not  to  Deal  in  Coal,  Coke,  or  Wood  Without 
License. — It  shall  not  be  lawful  under  this  ordinance,  for  any 
person,  firm,  company,  or  corporation  in  this  city,  whatever 
be  his  or  their  other  avocations,  to  engage  in  or  carry  on  the 
business  of  buying,  or  selling  or  otherwise  trading  in  coal, 
coke,  or  wood,  or  any  other  commodities  or  substance  whatso- 
ever to  be  used  for  fuel,  in  any  quantity,  except  in  good  faith 
only  for  his  or  their  own  personal  use  or  family  consump- 
tion, without  first  having  obtained  a license  therefor  from  the 
city. 

Sec.  33.  Unclaimed  Goods  of  Express  Companies. — 
Every  person,  firm  or  corporation,  giving,  holding,  controll- 
ing, managing,  or  charge  of,  any  sale  of  unclaimed  goods,  by 
any  express  company,  or  other  common  carrier  shall  pay  a 
license  tax  of  ten  dollars  per  day  for  every  day  the  same  may 
be  carried  on  within  the  city. 

Sec.  34.  License  Year. — The  license  year  shall  begin  on 
the  first  day  of  January,  and  end  on  the  thirty-first  day  of 
December  of  each  and  every  year,  and  all  licenses  shall  be 
issued  and  made  to  expire  on  the  thirty-first  day  of  December 
of  each  and  every  year,  except  as  may  be  otherwise  provided 
by  ordinance. 

Sec.  35.  To  Pay  for  Year. — Any  person  applying  for 
license  after  the  first  day  of  January  in  any  year  shall  pay 
for  a full  license  year,  and  at  the  end  of  the  year,  the  amount 
so  paid  shall  be  prorated  with  the  time  said  person  was  actually 


City  Ordinances 


engaged  in  business,  and  the  difference  between  said  amount 
and  the  time  said  person  was  actually  engaged  in  business  bears 
to  the  whole  license  year  shajl  be  allowed  on  a new  license, 
provided,  that  said  license  has  not  been  transferred,  and  noth- 
ing herein  shall  entitle  any  person  to  the  return  of  any  money 
in  case  he  or  they  fail  to  renew  said  license. 

Sec.  36.  Penalty. — Any  person  who  shall  exercise  any 
of  the  avocations,  or  carry  on,  or  engage  in,  any  of  the  several 
trades  or  lines  of  business  for  which  a city  license  is  required 
by  this  ordinance  and  upon  which  a city  license  tax  is  levied 
by  this  ordinance,  without  first  having  obtained  a city  license 
therefor,  shall  be  deemed  guilty  of  a misdemeanor,  and  any 
person  who  shall  in  any  respect  violate  any  of  the  provisions 
contained  or  specified  in  this  ordinance,  shall  be  deemed  guilty 
of  a misdemeanor,  and  any  person  found  guilty  of  a misde- 
meanor under  this  ordinance,  shall  be  punished  by  a fine  in 
any  sum  not  exceeding  two  hundred  dollars. 

Sec.  37.  Ordinances  in  Conflict , Repealed. — All  ordi- 
nances or  parts  of  ordinances  in  conflict  herewith,  be  and  the 
same  are  hereby  repealed. 

Passed  and  approved  this  10th  day  of  December,  1906. 

ORDINANCE  No.  8. 

An  Ordinance  Imposing  a License  Tax  on  Dogs. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  License  Tax  Imposed. — It  shall  be  unlawful 
for  any  person  or  persons  to  keep  or  harbor  in  this  city  any 
dog  or  bitch  of  any  age,  without  paying  a license  tax  thereon, 
as  provided  and  imposed  by  this  ordinance. 

Sec.  2.  License,  Tag  and  Charge. — The  charge  for  such 
license,  shall  be  ?or  each  dog  one  dollar,  and  for  each  bitch 
two  dollars,  per  annum,  which  license  shall  describe  the  dog 
or  bitch,  giving  its  name  and  breed,  and  shall  be  issued  by  the 
city  clerk,  who  shall  also  furnish  at  the  expense  of  the  city,  a 
metallic  check  or  tag,  which  -shall  have  stamped  or  engraved 
thereon,  “C.  T.  P.  for  19...,”  which  check  or  tag  shall  be 
attached  to  the  collar,  and  worn  by  such  dog  or  bitch. 

Sec.  3.  Check  or  Tag  on  Collar. — It  shall  be  unlawful 
for  any  person  or  persons  keeping  or  harboring  any  dog  or 
bitch  in  this  city,  to  allow  or  permit  any  such  dog  or  bitch 
to  be,  at  any  time,  at  any  place  in  this  city,  without  a collar 


City  Ordinances 


112 

having  attached  thereto,  the  check  or  tag  as  hereinbefore  re- 
quired. In  case  of  loss,  a duplicate  check  or  tag  shall  be 
furnished  by  the  city  clerk,  at.  the  expense  of  the  party  or 
parties  making  application  therefor. 

Sec.  4.  Removal  of  Check  or  Tag. — It  shall  be  unlaw- 
ful for  any  person  or  persons  to  remove  or  cause  to  be  re- 
moved, a collar,  check  or  tag  from  any  dog  or  bitch  without 
the  consent  of  the  owner  or  keeper  thereof. 

Sec.  5.  Clerk  to  Have  Custody  of  Checks  or  Tags. — 
The  metallic  check  or  tag  provided  for,  in  this  ordinance,  shall 
be  kept  in  the  custody  of  the  city  clerk,  who  shall  issue  them 
as  hereinbefore  provided  or  to  the  proper  officer  of  the  city, 
as  he  may  require.  The  city  clerk  shall  keep  a record  of  all 
licenses,  checks  and  tags  issued  to  any  person  or  officer,  and 
any  issued  to  an  officer,  shall  be  charged  to  him  and  he  shall 
have  credit  for  such  as  he  may  return. 

Sec.  6.  License  Year. — For  the  purpose  of  this  ordi- 
nance, the  license  year  shall  commence  on  the  first  day  of  July, 
and  the  license  tax,  herein  provided,  and  imposed  shall  be  due 
and  payable  on  said  date,  of  each  year.  Every  dog  or  bitch 
of  any  age  in  the  city  on  said  date  or  thereafter  brought  into 
the  city,  in  any  year,  shall  be  subject  to  the  license  tax  as 
herein  imposed. 

Sec.  7.  Appointment  of  Special  Officer. — The  city  coun- 
cil shall,  at  its  first  meeting  in  August  of  each  year,  appoint 
a special  officer,  whose  duty  it  shall  be  to  collect  all  license 
tax,  remaining  unpaid  for  such  year,  and  to  prosecute  any 
person  or  persons,  keeping  or  harboring  any  dog  or  bitch,  in 
the  city,  who  shall  on  demand,  fail  or  refuse  to  pay  the  license 
tax  as  provided  and  imposed  by  this  ordinance. 

Sec.  8.  Dogs  to  be  Killed , Fees. — It  is  hereby  made  the 
duty  of  such  special  official  and  every  policeman  of  this  city, 
to  kill  any  and  all  dogs  or  bitches  found  within  the  city,  un- 
less the  license  tax  provided  and  imposed  by  this  ordinance  has 
been  paid  on  the  same,  and  to  kill  any  and  all  dogs  or  bitches 
found  within  the  city,  without  a check  or  tag  attached  to  its 
collar  as  provided  by  this  ordinance,  unless  the  owner  or  keeper 
of  such  dog  or  bitch  shall  at  once  pay  said  license  tax  and  pro- 
vide a check  or  tag  for  such  dog  or  bitch.  The  said  special  of- 
ficer and  every  policeman  shall  report  to  the  city  council  the 
number  of  dogs  and  bitches  killed  in  compliance  with  this 
ordinance.  The  said  special  officer  shall  receive  twenty-five 
per  cent  of  any  and  all  amounts  collected  by  him,  and  fifty 


City  Ordinances 


113 

cents  for  killing  and  burying  each  dog  or  bitch,  and  no  other 
fee. 

Sec.  9.  To  Be  Muzzled,  When. — It  shall  be  the  duty  of 
the  mayor,  whenever  in  his  opinion,  the  public  safety  is  in  dan- 
ger from  rabid  dogs,  to  issue  his  proclamation  ordering  and 
requiring  all  persons  owning,  keeping  or  harboring  any  dog 
or  bitch  in  the  city,  to  properly  muzzle  the  same,  or  to  confine 
the  same  for  such  period  of  time,  as  may  be  deemed  necessary 
in  a.good  and  sufficient  manner,  so  that  such  dog  or  bitch  can- 
not escape  from  such  place  of  confinement.  Upon  the  issuing 
of  such  proclamation  by  the  mayor,  it  shall  be  the  duty  of  all 
persons  owning,  keeping  or  harboring  any  dog  or  bitch  during 
the  time  stated  in  such  proclamation,  to  confine  the  same  by 
good  and  sufficient  means,  within  the  yard,  house,  stable  or 
out-house,  or  have  the  same  properly  and  securely  muzzled. 
It  rs  hereby  made  the  duty  of  every  policeman  of  the  city  to 
kill  any  and  all  dogs  or  bitches  running  at  large  without  muz- 
zles, during  the  time  when  the  mayor  has,  by  proclamation, 
required  the  same  to  be  muzzled  or  confined,  even  though  the 
license  has  been  paid  thereon. 

Sec.  10.  Vicious  and  Noisy  Dogs. — It  shall  be  unlaw- 
ful for  any  person  or  persons  to  own,  keep  or  harbor  within 
the  city,  any  dog  or  bitch  which  is  notoriously  vicious  or  dan- 
gerous, or  any  dog  or  bitch  which  shall  annoy  or  disturb 
any  person  or  neighborhood,  by  loud,  frequent  or  habitual 
barking,  howling  or  yelping. 

Sec.  11.  Bitches  Not  to  Run  at  Large,  When. — It  shall 
be  unlawful  for  the  owner,  keeper  or  harborer  of  any  bitch, 
to  allow  or  permit  her  to  run  at  large  while  in  heat,  and  it  is 
hereby  made  the  duty  of  every  policeman  of  the  city  to  kill  all 
bitches  found  running  at  large,  at  such  times. 

Sec.  12.  Exemptions. — The  provisions  of  this  ordinance 
shall  not  apply  to  any  dog  or  bitch  which  may  follow  any 
person  into  this  city,  who  may  come  or  pass  through  the  city, 
which  shall  remain  near  its  owner  or  keeper  or  near  its  wagon, 
vehicle  or  other  property. 

Sec.  13.  Penalty. — Any  person  or  persons  who  shall 
violate  any  provisions  of  this  ordinance  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  conviction  thereof,  be 
fined  not  'less  than  one  nor  more  than  one  hundred  dollars. 

Passed  and  approved  this  17th  day  of  December,  1906. 


City  Ordinances 


114 


ORDINANCE  No.  9. 

An  Ordinance  Regulating  the  Vending  of  Fresh  Meats. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  Must  Have  Shop,  Building  or  Stall. — It  shall 
be  unlawful  for  any  person,  corporation  or  co-partnership  of 
persons  to  sell  or  retail  fresh  meats  within  the  corporate  limits 
of  the  city  of  Chillicothe,  Missouri,  in  any  other  place  or  in 
any  other  way  except  in  a meat  shop,  or  from  a building  or 
stall  to  be  kept  and  maintained  by  him  or  them  as  hereinafter 
provided ; provided,  that  nothing  in  this  ordinance  shall  be 
so  construed  to  prevent  the  sale  by  any  person  or  persons  with- 
out the  keeping  of  such  shop,  building  or  stall,  of  beef  in  the 
quarter  or  whole  dressed  sheep  or  whole  dressed  hog.  Any 
person  violating  the  provisions  of  this  section  shall  be  fined 
in  a sum  not  exceeding  $25.00  for  each  offense. 

Sec.  2.  Meat  Shop  Must  Be  Clean — Decayed  Meat  Not 
to  Be  Sold.— Every  keeper  of  a meat  shop  or  building  or  stall 
from  which  fresh  meats  are  sold  or  retailed,  shall  keep  the 
same  in  a neat  and  cleanly  condition  and  free  from  all  bad 
smells,  and  shall  keep  it  properly  disinfected ; nor  shall 
he  keep  on  hand  in  his  shop,  building  or  stall,  any  putrid,  de- 
cayed or  unhealthy  meat  of  any  kind.  Any  person  violating 
this  section  shall  be  fined  not  less  than  one  dollar  nor  more 
than  twenty-five  dollars  for  each  offense. 

Sec.  3.  City  Constable  Shall  Inspect. — It  shall  be  the 
duty  of  the  city  constable,  at  least  once  in  each  month,  to 
visit  all  meat  shops  or  buildings  or  stalls  in  the  city  of  Chilli- 
cothe, Missouri,  from  which  fresh  meats  are  sold,  and  to 
inspect  the  same  and  see  that  they  are  kept  in  a neat  and 
cleanly  condition  and  free  from  all  bad  smells,  and  see  that 
the  same  are  properly  disinfected ; and  see  that  there  is  not 
putrid,  decayed  or  unhealthy  meat  of  any  kind  on  hand  in 
any  such  building  or  stall. 

Passed  and  approved  the  16th  day  of  January,  1905. 

ORDINANCE  No.  10. 

An  Ordinance  in  Relation  to  Butchers,  Hawkers  and 
, Hucksters,  and  to  License  Venders  of  Fresh  Fish,  and 

Fixing  the  Amount  of  the  License  Fee. 

Be  it  Ordained  by  the  Mayor  and  City  Council  of  the  City 
of  Chillicothe,  Missouri,  as  follows: 


City  Ordinances 


Section  1.  Butchers — License  Required. — It  shall  be  un- 
lawful for  any  person  to  carry  on  the  business  of  a butcher 
within  the  city  without  taking  out  a license  therefor;  and  no 
person  shall  be  permitted,  under  such  license,  to  sell  or  dis- 
pose of  meats  at  more  than  one  place  or  stand  within  the 
city. 

Sec.  2.  Butcher  Defined. — For  the  purposes  of  this  ordi- 
nance a butcher  is  hereby  defined  to  be  any  person  or  firm 
selling  or  disposing  of  fresh  meats  for  food  in  quantities  less 
than  one  quartern 

Sec.  3.  Hazvker  or  Huckster — Not  to  Sell. — It  shall 
hereafter  be  unlawful  for  any  hawker  or  huckster,  having  a 
city  license  as  such,  to  peddle  or  offer  for  sale,  from  any 
wagon,  stand  or  room,  fresh  fish,  oysters,  lard  or  butter,  or 
any  fresh  meats  in  quantities  less  than  one  quarter,’  or  dressed 
or  undressed  poultry;  provided,  this  section  shall  not  be  con- 
strued as  applying  to  any  person  selling  produce  or  articles 
that  he  produces  or  raises  by  his  own  labor,  or  products  of  his 
own  farm  or  garden. 

Sec.  4.  License  Required  to  Sell. — It  shall  hereafter  be 
unlawful  for  any  person,  firm  or  company  to  peddle,  sell  or 
offer  for  sale,  from  any  wagon  or  stand,  or  go  from  house  to 
house  offering  to  sell  any  fresh  fish  in  any  quantity,  without 
first  having  obtained  a license  from  the  city.  All  persons  who 
may  desire  to  sell  fresh  fish  from  any  wagon  or  stand,  or  who 
shall  go  from  house  to  house  offering  to  sell  the  same,  shall 
obtain  a license  from  the  city,  and  no  license  under  this  section 
shall  be  issued  for  a less  term  than  one  year  and  the  license 
fee  shall  be  five  dollars. 

Sec.  5.  Grocer , Selling  Oysters,  Lard,  etc. — Nothing 
herein  shall  be  so  construed  as  to  prevent  any  grocer,  at  his 
place  of  business,  from  selling  oysters,  lard,  butter,  vegetables, 
game,  fish,  poultry,  or  cured  meats. 

Sec.  6.  Butchers  Not  Exempt. — Nothing  in  this  ordi- 
nance shall  exempt  butchers,  who  may  have  been  in  the  busi- 
ness in  the  city  on  the  first  day  of  January,  1908,  and  who 
may  have  failed  to  take  out  a butcher’s  license  under  Ordi- 
nance No.  7,  of  the  Revised  Ordinances  of  1907,  from  the 
payment  of  the  license  fee  at  the  time  and  in  the  manner  re- 
quired by  said  ordinance. 

Sec.  7.  Penalty. — Any  person  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  deemed  guilty  of  a misde- 


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116 

meanor  and  upon  conviction  shall  be  punished  by  a fine  in 
any  sum  of  not  less  than  $1.00  nor  more  than  $100.00. 

Sec.  8.  To  Take  Effect. — This  ordinance  shall  take  ef- 
fect and  be  in  force  from  and  after  its  passage,  approval  and 
publication,  and  shall  repeal  and  annul  any  and  all  ordinances 
and  parts  of  ordinances  in  conflict  with  the  provisions  of  this 
ordinance. 

(Passed  and  approved  this  22d  day  of  June,  1908.) 

ORDINANCE  No.  11. 

An  Ordinance  to  License  and  Tax  the  Business  or  Occu- 
pation of  Bill  Posting — Prohibiting  the  ErectiQn  of 
Bill  Boards  Within  the  Fire  Limits,  Without  Permis- 
sion of  Council,  and  Regulating  the  Distribution  oi 
Bills,  Cards,  Circulars,  Signs  and  Hand  Bills  on  the 
Public  Streets,  and  Posting  or  Tacking  Same  on  Pub- 
lic or  Private  Buildings  or  Property,  Within  the  City 
Limits. 

Section  1.  License  Required. — Be  it  ordained  by  the 
mayor  and  city  council  of  the  city  of  Chillicothe : That 

it  shall  be  unlawful  for  any  person,  firm  or  corporation  after 
this  ordinance  shall  take  effect  to  engage  in  or  carry  on  the 
business  or  occupation  of  bill  posting,  banner  tacking,  or  the 
distribution  of  bills,  cards,  circulars,  signs  or  handbills,  ex- 
cept as  provided  for  in  this  ordinance,  within  the  limits  of  the 
city  of  Chillicothe,  Missouri,  without  first  having  procured  a 
license  from  the  city  to  carry  on  said  business  or  occupation 
as  provided  by  this  ordinance. 

Sec.  2.  Fire  Limits. — No  bill  board,  sign  or  bulletin 
board  shall  be  erected  or  maintained  within  the  fire  limits  of 
said  city  without  the  consent  of  the  city  council  and  no  bill 
board  or  boards  shall  be  higher  than  ten  feet  from  the 
ground. 

Sec.  3.  Church  and  School  Property. — Indecent  Pic- 
tures.— It  shall  be  unlawful  for  any  person,  firm  or  corpora- 
tion to  erect  or  maintain  any  bill  board  within  one  hundred 
(100)  feet  of  any  church,  public  or  private  school  building. 
And  no  person,  firm  or  corporation  carrying  on  the  business 
of  bill  posting,  sign  painting,  distributing  cards  or  banner  tack- 
ing, shall  within  the  city  limits  post  or  paint  or  cause  to  be 
posted  or  painted  or  distributed  any  advertisement,  card,  bill 


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117 


or  picture  of  an  obscene,  indecent,  lewd  or  immoral  char- 
acter. 

Sec.  4.  Waste  Material , Etc.,  on  Streets,  Etc. — It  shall 
be  unlawful  for  any  person,  firm  or  corporation  or  any  licensed 
bill  poster,  or  any  servant  or  agent  of  any  such  person,  firm  or 
corporation  to  scatter,  daub  or  leave  any  paste,  glue  or  other 
like  substance  used  in  pasting  or  posting  bills,  upon  any  side- 
walk or  pavement  ; or  scatter  or  throw  any  old  bills,  paper 
or  waste  material  of  any  kind  on  any  sidewalk  or  public 
street  or  alley  in  the  city,  or  on  any  vacant  lot  or  ground 
within  the  city  limits. 

Sec.  5.  Mutilation  of  Bills. — If  any  person  shall  muti- 
late, disfigure  by  writing  or  by  any  other  means  any  picture 
of  person  or  animal  or  any  bill,  card,  sign  or  other  advertising 
device,  so  that  such  picture  or  advertisement  shall  be  made 
to  appear  obscene  or  indecent,  or  if  any  person  shall  destroy 
or  damage  any  bill  board,  or  damage,  mar  or  deface  by  any 
means  whatever,  any  bill,  card,  hand  bill  or  other  advertising 
device,  so  that  it  shall  not  serve  the  purpose  for  which  it 
was  exhibited,  he  shall  be  deemed  guilty  of  a misdemeanor. 

Sec.  6.  Prohibiting  Posting  Bills  on  Certain  Property, 
Etc. — It  shall  be  unlawful  for  any  bill  poster  or  other  person 
to  paste  or  paint  any  sign  or  advertisement  on  any  sidewalk,  or 
post  or  tack  any  bill,  card,  circular,  hand  bill,  device  or  ad- 
vertisement on  the  wall  of  any  public  building  or  on  the  wall 
of  any  private  building,  without  the  permission  of  the  owner 
thereof ; nor  shall  any  bill  poster  or  other  person  paint  any 
sign,  or  tack  any  sign,  circular,  notice,  bill  or  advertising  mat- 
ter of  any  kind  on  any  post,  pole  or  shade  tree,  door,  fence, 
gate,  or  on  any  other  property,  public  or  private,  located  on  any 
of  the  public  streets  or  alleys,  or  other  public  places,  or  grounds 
inside  the  limits  of  the  city,  except  as  named  in  this  sec- 
tion. 

Sec.  7.  License  Fee  Per  Day. — It  shall  be  unlawful  for 
any  person  to  distribute  samples  or  to  post  or  distribute  hand 
bills,  cards,  signs  or  other  device  for  the  sale  of  any  goods, 
wares  or  merchandise,  or  for  the  sale  of  any  patent  articles 
or  medicines,  or  to  advertise  any  business  or  entertainment, 
except  as  named  in  this  ordinance,  without  first  having  pro- 
cured a license  from  the  city  and  paid  a license  fee  of  one 
dollar  for  each  day  such  person  may  be  engaged  in  the  dis- 
tribution of  such  samples  or  the  posting  or  distribution  of 
cards,  hand  bills,  signs  or  other  advertising  device. 


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Sec.  8.  Ordinance  Not  to  Apply  to  Certain  Business. — 
The  foregoing  sections  shall  not  be  construed  to  apply  to 
resident  merchants,’  firms  or  persons  engaged  in  business  in 
the  city,  in  posting  bills,  cards,  or  circulars  for  advertising 
their  business,  or  to  entertainments  given  for  purely  charitable 
purposes,  or  entertainments  given  by  local  talent,  or  for  the 
sale  of  property,  or  legal  advertisements,  or  to  religious  or 
political  meetings  or  entertainments;  provided  nothing  in  this 
section  shall  exempt  any  person,  firm  or  corporation  from  the 
restrictions  named  in  section  four  of  this  ordinance. 

Sec.  9.  Annual  License  Fee. — Every  person,  firm  or 
corporation  engaging  in  the  business  or  occupation  of  bill 
posting,  except  as  named  in  sections  seven  and  eight  of  this 
ordinance,  in  the  city  of  Chillicothe,  Missouri,  after  this  ordi- 
nance goes  into  effect,  shall  pay  an  annual  license  tax  of 
$40.00.  Such  annual  license  shall  be  made  to  expire  on  the 
31st  day  of  December,  each  year  after  date  of  issue.  Every 
person  applying  for  an  annual  license  as  bill  poster  after  this 
ordinance  takes  effect  shall  pay  for  a full  license  year,  and  at 
the  end  of  the  license  year  the  amount  so  paid  shall  be  pro- 
rated to  correspond  with  the  time  such  person  may  have  been 
engaged  in  business,  after  the  date  of  the  license,  and  the  dif- 
ference in  amount  shall  be  credited  on  the  new  license  taken 
out  at  the  end  of  the  year;  but  no  person  shall  be  entitled  to 
have  any  money  returned  in  case  he  fails  to  renew  such  license, 
and  no  fractional  part  of  a month  shall  be  considered  in 
computing  the  time  under  this  ordinance.  Licenses  under  this 
ordinance  shall  not  be  transferable. 

Sec.  10.  Penalty.— Any  person,  firm  or  corporation  vio- 
lating any  of  the  sections  or  provisions  of  this  ordinance  shall 
be  deemed  guilty  of  a misdemeanor  and  on  conviction  may  be 
fined  in  a sum  of  not  less  than  one  nor  more  than  one  hun- 
dred dollars. 

Sec.  11.  Other  Ordinances  Repealed. — All  ordinances 
or  parts  of  ordinances  in  conflict  with  this  ordinance  or  any 
of  its  provisions  are  hereby  repealed.  This  ordinance  shall 
take  effect  from  and  after  its  passage,  approval  and  publi- 
cation. 

Passed  and  approved  this  1st  day  of  Aprir,  1909. 


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119 


ORDINANCE  No.  12. 

An  Ordinance  Concerning  the  Operating  of  Automobiles 
or  Motor  Vehicles  Upon  the  Public  Streets,  Alleys, 
Avenues  or  Highways  of  the  City — Interference 
With  Automobiles,  etc.,  Throwing  Nails,  Tacks,  etc., 
Upon  Streets — Fixing  Amount  of  License  and  Pro- 
viding Penalty  for  Violation  of  Ordinance. 

Re  it  Ordained  by  the  Mayor  and  City  Council  of  the 
City  of  Chillicothe,  Missouri,  as  follows : 

Section  1.  The  terms  and  words  “automobile”  and 
“motor  vehicle,”  as  used  in  this  ordinance,  shall  be  construed 
to  mean  all  vehicles,  propelled  by  power  other  than  muscular 
power,  except  traction  engines  and  such  vehicles  as  run  only 
upon  rails  or  tracks.  The  terms  and  words  “business  portions 
of  the  city”  as  used  in  this  ordinance  is  hereby  construed  to 
mean  the  territory  of  the  city  contiguous  to  any  public  street, 
alley,  avenue  or  highway  which  is  at  any  point  principally 
built  up  with  structure's  devoted  to  business;  the  terms  and 
words  “auto  driver”  shall  be  construed  to  mean  any  person 
operating  an  automobile  or  motor  vehicle  as  mechanic,  paid 
employe,  or  for  hire. 

Sec..  2.  Automobile  Number,  Etc. — The  owner  of  each 
automobile  or  motor  vehicle  shall  have  a number,  correspond- 
ing with  the  number  of  the  registration  seal  issued  by  the  sec- 
retary of  state,  conspicuously  displayed  upon  and  permanently 
fixed  on  the  back  of  every  such  automobile  or  motor  vehicle 
owned  by  him ; also  display  by  an  illuminated  device  the  regis- 
tration number  on  front  of  every  such  automobile  or  motor 
vehicle,  so  that  said  registration  number  can  be  distinguished 
at  night,  whenever  such  automobile  or  motor  vehicle  shall  be 
operated  or  run  upon  the  public  streets,  alleys,  avenues  or 
highways  of  the  city;  the  figures  to  be  Arabic  numerals  not 
less  than  three  inches  in  height,  and  each  stroke  to  be  of  a 
width  of  not  less  than  three-eighths  of  an  inch,  and  also  as 
part  of  such  number  the  letters  “Mo.”;  such  figures  and  let- 
ters shall  be  white  on  black  ground,  and  the  letters  shall  not  be 
less  than  one  and  one-half  inches  in  height;  and  provided,  that 
said  owner  shall  not  be  required  to  place  any  other  mark  of 
identity  upon  his  automobile  or  motor  vehicle. 

Sec.  3.  To  Carry  Lamps,  Etc. — Every  automobile  or 
motor  vehicle,  when  operated  upon  any  of  the  public  streets, 
alleys,  avenues  or  highways,  shall  carry,  at  least  two  lighted 


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City  Ordinances 


lamps  showing  white  lights  visible  at  least  two  hundred  feet 
in  the  direction  toward  which  the  automobile  or  motor  vehicle 
is  proceeding,  and  shall  also  exhibit  at  least  one  red  light, 
visible  in  the  reverse  direction. 

Sec.  4.  Use  of  Automobile — Consent  of  Owner. — No 
person,  whether  employed  as  an  auto  driver  or  otherwise, 
shall  take,  use  or  operate  or  run  any  automobile  or  motor 
vehicle  without  the  consent,  permission  or  knowledge  of  the 
owner  thereof;  and  every  automobile  or  motor  vehicle  while 
in  use  on  any  of  the  public  streets,  alleys,  avenues  or  high- 
ways of  the  city  shall  be  provided  with  good  and  suitable 
brakes,  and  also  with  a suitable  horn  or  other  signal  de- 
vice. 

Sec.  5.  Duties  of  Driver — To  Give  Right  of  W ay. — 
Whenever  a person  operating  an  automobile  or  motor  vehicle 
shall  meet  on  a public  street,  alley,  avenue  or  highway  in  the 
city  any  other  person  riding  or  driving  a horse  or  horses,  or 
other  draft  animals,  or  any  other  vehicle,  the  person  so  operat- 
ing such  automobile  or  motor  vehicle  shall  seasonably  turn 
the  same  to  the  right  of  the  center  of  the  street,  alley,  avenue 
or  highway,  so  as  to  pass  without  interference.  Any  such 
person  so  operating  an  automobile  or  motor  vehicle,  shall,  on 
overtaking  any  such  horse,  draft  animal  or  other  vehicle,  pass 
on  the  left  side  thereof,  and  the  rider  or  driver  of  such  horse, 
draft  animal  or  other  vehicle  shall,  as  soon  as  practicable,  turn 
to  the  right,  so  as  to  allow  free  passage  on  the  left.  Any  such 
person  so  operating  an  automobile  or  motor  vehicle  shall,  at 
the  intersection  of  any  public  street,  alley,  avenue  or  highway, 
keep  to  the  right  of  the  intersection  of  the  center  of  such 
public  street,  alley,  avenue  or  highway  when  turning  to  the 
right,  and  pass  to  the  right  of  such  intersection  when  turning 
to  the  left. 

Sec.  6.  Same— To  Give  Warning. — Every  auto  driver 
operating  any  automobile  or  motor  vehicle  upon  any  of  the 
public  streets,  alleys,  avenues,  or  highways  within  the  city 
shall  keep  a vigilant  watch  for  all  vehicles,  carriages  or 
wagons,  drawn  by  animal  or  animals,  and  especially  vehicles, 
carriages  or  wagons  driven  by  women  or  children,  and  shall, 
when  approaching  any  such  vehicle,  carriage  or  wagon  so 
drawn  by  animal  or  animals,  stop  such  automobile  or  motor 
vehicle  for  such  time  as  to  enable  such  person  in  charge  of 
any  such  vehicle,  carriage  or  wagon  to  pass,  or  if  going  in  the 
same  direction  shall,  before  attempting  to  pass,  give  said  driver 


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121 


or  person  in  charge  of  any  vehicle,  carriage  or  wagon,  drawn 
by  animal  or  animals,  sufficient  notice  of  his  or  their  intention 
to  pass,  by  sounding  a bell,  whistle  or  horn,  and  if  necessary 
to  prevent  the  frightening  of  such  animal  or  animals,  bring 
said  automobile  or  motor  vehicle  to  a stop,  in  order  to  give  such 
driver  or  person  an  opportunity  to  alight  from  such  vehicle, 
carriage  or  wagoq^  and  in  case  of  any  injury  to  a person  or 
damage  to  property,  the  operator  or  driver  of  such  automobile 
or  motor  vehicle  shall  stop,  and  upon  the  request  of  the  per- 
son injured  or  property  damaged,  or  any  person  present,  shall 
give  his  name  and  address,  and  if  he  is  not  the  owner  of  such 
automobile  or  motor  vehicle,  he  shall  give  the  name  and  ad- 
dress of  such  owner. 

Sec.  7.  Same — To  Stop — When. — Every  person  operat- 
ing an  automobile  or  motor  vehicle  on  the  public  streets,  al- 
leys, avenues  or  highways  of  the  city,  at  request  or  upon  sig- 
nal by  holding  up  the  hand  or  otherwise,  from  a person  riding 
or  driving  a horse  or  horses,  or  leading  a horse  or  horses  or 
other  draft  animal  on  any  public  street,  alley,  avenue  or  high- 
way, shall  cause  the  automobile  or  motor  vehicle  to  stop  and 
remain  stationary,  and  shall,  if  requested,  stop  the  engine  of 
such  automobile  or  motor  vehicle,  so  long  as  may  be  necessary 
to  allow  the  said  horse  or  horses  or  other  draft  animal  to 
pass ; and  it  shall  be  the  duty  of  any  male  driver  of  any  auto- 
mobile or  motor  vehicle,  and  other  male  occupants  thereof, 
over  the  age  of  15  years,  while  passing  any  horse  or  horses 
or  other  draft  animal  which  appear  badly  frightened,  to  give 
such  personal  assistance  as  would  be  reasonable  to  insure  the 
safety  to  all  persons  concerned  and  to  prevent  accidents.  The 
provisions  of  this  section  shall  apply  to  automobiles  or  motor 
vehicles  going  either  in  the  same  or  in  the  opposite  direction ; 
provided,  however,  that  no  person  shall  give  a signal  of  danger 
or  distress,  or  call  for  assistance  upon  a person  operating  an 
automobile  or  motor  vehicle  without  a reasonable  cause  for 
so  doing. 

Sec.  8.  Speed  Limit. — No  person  shall  operate  an  auto- 
mobile or  motor  vehicle  on  any  public  street,  alley,  avenue  or 
highway,  at  a greater  rate  of  speed  than  is  reasonable,  having 
regard  to  the  traffic  and  use  of  the  highways,  or  so  as  to  en- 
danger the  life  of  any  person,  or  the  safety  of  any  property, 
and  shall  not  in  any  event,  while  upon  any  street,  alley,  avenue 
or  highway,  run  at  a greater  rate  of  speed  than  eight  miles  per 
hour  in  the  business  portion  of  the  city ; and  not  greater  than 


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City  Ordinances 


ten  miles  per  hour  in  any  other  portion  thereof ; and  when 
turning  a corner  of  intersecting  streets,  alleys,  avenues  or  high- 
ways, or  when  traversing  a curve  or  turn  in  the  street,  alley, 
avenue  or  highway,  the  speed  shall  not  be  greater  than  six 
miles  per  hour. 

Sec.  9.  Automobile — Interference  With,  Etc. — It  shall 
be  unlawful  for  any  person  not  the  owner  or  operator 
thereof,  to  tamper,  meddle  or  interfere  with  any  automobile, 
motor  cycle  or  other  similar  vehicle,  or  to  start  or  attempt  to 
start  the  machinery  thereof  while  the  same  is  standing  still, 
or  to  puncture  or  otherwise  mutilate  the'  tires,  or  to  scratch, 
mark  or  otherwise  deface  the  body  of  the  apparatus  thereof, 
or  to  take  or  remove  from  said  automobile  or  other  motor 
vehicle  any  part  or  portion  of  the  machinery,  equipment  or 
other  portion  thereof,  or  to  throw,  cast  or  hurl  any  stones, 
rock,  glass  or  other  missile  at  any  automobile  or  the  occu- 
pants thereof. 

Sec.  10.  Throwing  Nails,  Tacks,  Etc. — That  it  shall  be 
unlawful  for  any  person  to  cast  or  place  on  the  public  street, 
alleys,  avenues  or  highways,  any  stone,  glass,  iron  tacks,  wire 
or  other  metal,  or  other  substance  whereby  horses  or  mules 
or  other  animals  or  vehicles  or  automobiles  may  be  injured. 

Sec.  11.  License  Required. — Every  person,  corporation, 
company  or  co-partnership,  operating  or  running  any  auto- 
mobile or  motor  vehicle,  upon  any  of  the  public  streets,  alleys, 
avenues  or  highways  of  the  city,  shall  obtain  a license  there- 
for from  the  city,  which  license  shall  be  issued  by  the  city  clerk 
for  a term  of  one  year  from  the  date  of  issue,  and  the  license 
fee  shall  be  five  dollars  per  year;  provided,  all  licenses  hereto- 
fore issued  licensing  automobiles  or  motor  vehicles  to  operate 
in  the  city  shall  run  to  the  date  of  expiration  named  in  such 
license. 

Sec.  12.  Penalty. — Any  person,  corporation,  company 
or  co-partnership  violating  any  of  the  provisions . in  any  sec- 
iton  of  this  ordinance  shall  upon  conviction  be  adjudged  guilty 
of  a misdemeanor  and  punished  by  a fine  of  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

Sec.  13.  All  ordinances  or  parts  of  ordinances  in  con- 
flict herewith  be  and  the  same  are  hereby  repealed. 

Passed  and  approved  this  3d  day  of  May,  1909. 


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123 


ORDINANCE  No.  13. 

An  Ordinance  in  Relation  to  Misdemeanors. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  Unlawful  Assembly. — If  three  or  more  per- 
sons shall  assemble  together  within  this  city,  with  the  intent, 
or  being  assembled,  shall  agree  mutually  to  assist  one  another 
to  do  any  unlawful  act  with  force  or  violence  against  the 
property  of  this  city,  or  the  person  or  property  of  others,  or 
against  the  peace  or  to  the  terror  of  others,  and  shall  make 
any  movement  or  preparation  therefor,  and  every  person  pres- 
ent at  such  meeting  or  assembly  who  shall  not  endeavor  to 
prevent  the  commission  or  perpetration  of  such  unlawful  act, 
shall  be  deemed  guilty  of  a misdemeanor,  and  on  conviction 
shall  be  fined  not  less  than  five  nor  more  than  fifty  dollars, 
or  by  imprisonment  in  the  city  jail  not  to  exceed  thirty  days. 

Sec.  2.  Disturbing  the  Peace,  Etc. — If  any  person  or 
persons,  within  the  limits  of  the  city  shall  wilfully  disturb  the 
peace  of  any  neighborhood,  or  family,  or  person  by  loud  and 
unusual  noise,  or  by  offensive  or  indecent  conversation  or  by 
threatening,  quarreling,  challenging  or  fighting,  or  if  any  per- 
son or  persons  within  the  city  limits,  shall  assault,  strike  or 
beat  another  or  shall  use  unseemly,  profane,  obscene,  indecent 
or  violent  language  upon  the  public  streets  or  in  any  public 
place  or  public  meeting,  or  shall  insult  any  female  by  indecent 
or  improper  language,  or  by  indecent  conduct,  shall  be  deemed 
guilty  of  a misdemeanor;  and  every  person  who  shall  be 
guilty  of  any  offense  named  in  this  section  shall  be  deemed 
guilty  of  a misdemeanor  and  upon  conviction  shall  be  fined 
not  less  than  one  nor  more  than  two  hundred  dollars,  or  by 
confinement  in  the  city  prison  not  more  than  thirty  days. 

New  section  passed  and  approved  the  1st  day  of  April, 
1909. 

Sec.  3.  Disturbing  Religious  or  Other  Assembly. — Every 
person  who  shall  wilfully,  maliciously  or  contemptuously  dis- 
turb or  disquiet  any  camp  meeting,  congregation  or  other  as- 
sembly met  for  religious  worship,  or  when  meeting  at  the  place 
of  worship,  or  dispersing  therefrom,  or  any  school  or  other 
meeting  or  assembly  of  people  met  together  for  any  lawful 
purpose  whatever,  by  making  a noise  or  by  rude  or  indecent 
behavior  or  profane  discourse  within  the  place  of  assembly  or 
so  near  the  same  as  to  interrupt  or  disturb  the  order  or 


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solemnity  thereof,  or  who  shall  wilfully  menace,  threaten  or 
assault  any  person  there  being  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction,  punished  by  a fine  of  not 
less  than  one  nor  more  than  one  hundred  dollars. 

Sec.  4.  Drunkenness  an  Offense. — If  any  person  shall 
he  drunk  or  shall  be  in  a state  of  intoxication,  in  any  street, 
avenue,  alley  or  other  public  ground  or  place  within  this  city,  or 
in  any  public  building  or  business  house  within  this  city,  or 
who  shall  be  drunk,  or  in  a state  of  intoxication  in  any  private 
house  or  private  premises  to  the  annoyance  or  disturbance  of 
the  peace,  of  any  person  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction,  shall  be  fined  not  less  than  one 
nor  more  than  one  hundred  dollars. 

Sec.  5.  Fast  Driving  and  Leaving  Animals  Unfastened. 
— Whoever  shall,  within  this  city,  ride  or  drive  any  horse, 
mule  or  other  animal,  whether  hitched  to  a vehicle  of  any  kind 
or  not,  upon  any  street,  alley,  square,  common  or  other  public 
place  at  an  immoderate  or  reckless  gait,  or  in  such  manner  as 
to  endanger  any  person,  or  shall  willfully  ride  or  drive  into  or 
against  any  vehicle,  or  who  shall  ride  any  horse,  mule  or  other 
animal,  or  drive  any  vehicle  drawn  by  any  horse,  mule  or 
other  animal  upon  or  across  any  street  crossing  in  this  city, 
in  such  a manner  as  to  run  against  or  over  any  person  upon 
or  near  such  street  crossing,  or  in  such  a manner  as  to  be 
liable  to  run  over  or  against  any  such  person,  or  shall  ride  or 
drive  an  unsafe,  wild,  vicious  or  unbroken  horse,  mule  or 
other  animal  within  this  city,  or  who  shall  leave  any  horse, 
mule  or  other  animal  upon  any  street,  alley,  avenue  or  public 
place-  unfastened  or  unguarded  so  as  to  prevent  it  running 
away,  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  one  nor  more  than  fifty 
dollars. 

Sec.  6.  Cruelty  to  Animals. — If  any  person  shall  tor- 
ture, torment,  deprive  of  necessary  sustenance,  cruelly  beat,- 
mutilate,  cruelly  kill  or  over-drive  any  domestic  animal  or 
shall  unnecessarily  fail  to  provide  the  same  with  proper  food, 
drink,  shelter  or  protection  from  the  weather,  or  shall  drive 
or  work  the  same  when  unfit  for  labor  or  cruelly  abandon  the 
same  to  die,  or  shall  carry  or  cause  the  same  to  be  carried  on 
any  vehicle  or  otherwise  in  any  unnecessarily  cruel  manner,  or 
overload  any  horse  or  team,  or  expose  any  calf  or  sheep  upon 
any  street,  alley,  avenue,  sidewalk  or  market  with  their  legs 


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125 


tied,  shall  he  deemed  guilty  of  a misdemeanor,  and  on  con- 
viction, shall  be  punished  by  a fine  of  not  less  than  one  nor 
more  than  one  hundred  dollars. 

Sec.  7.  Leaving  Animals  Tied  on  Street. — If  any  per- 
son shall  unnecessarily  leave  any  team  or  animal  tied  or  hitched 
to  any  vehicle  or  tied  to  any  rack,  or  other  thing  on  the  streets, 
alleys,  avenues  or  commons  of  the  city,  after  twelve  o’clock, 
midnight,  between  the  31st  day  of  October  and  the  31st  day 
of  March,  of  any  year,  such  person  shall  be  deemed  guilty  of 
a misdemeanor,  and  on  conviction  be  fined  not  less  than  five 
nor  more  than  fifty  dollars.  It  is  hereby  made  the  duty  of  the 
police  of  the  city  when  they  have  knowledge  that  any  team  or 
animal  is  so  exposed,  after  the  time  named  in  this  section,  to 
take  such  team  or  animal  to  a stable  and  cause  the  same  to  be 
cared  for  at  the  expense  of  the  owner. 

Sec.  8.  Animals  Running  at  Large. — No  owner  or  any 
person  having  charge  of  any  horse,  mare,  mule,  hog,  pig,  bull, 
steer,  cow,  or  heifer  calf,  sheep  or  goat,  and  all  other  animals, 
shall  permit  the  same  to  run  at  large;  nor  tie,  hitch,  or  other- 
wise permit  any  such  animal  to  eat,  graze,  or  feed,  in  the 
streets,  avenues,  alleys  or  commons  of  the  city  of  Chillicothe, 
and  the  doing  of  which  is  hereby  declared  to  be  a nuisance, 
and  any  owner  or  person  having  in  charge  or  control  any  of 
the  above  named  animals,  who  shall  violate  the  provisions  of 
this  section,  shall  be  deemed  guilty  of  a misdemeanor  and  on 
conviction  thereof,  be  fined  not  less  than  one  nor  more  than 
twenty-five  dollars. 

Sec.  9.  Feeding  Animals  in  Street. — No  person  shall 
without  the  consent  of  the  owner  or  person  occupying  any 
house  or  other  building,  feed  any  horse  or  other  animal  in 
front  or  at  the  side  of  such  house  or  other  building,  nor  within 
fifteen  feet  from  the  outside  of  the  sidewalk  in  front  of  or  at 
the  side  of  such  house  nor  shall  any  person  leave  any  horse  or 
other  animal  standing  in  front  of  any  dwelling  house  for  a 
longer  time  than  ten  minutes  after  being  notified  by  the  owner 
or  person  occupying  such  dwelling  house,  to  remove  the  same. 
Any  person  violating  this  section  shall  be  deemed  guilty  of  a 
misdemeanor  and  be  fined  not  to  exceed  fifty  dollars. 

Sec.  10.  Riding  or  Driving  Upon  Sidewalks. — Who- 
ever shall  in  this  city,  ride  or  lead  any  horse,  mule,  cow  or 
other  animal  along,  upon  or  across  any  brick,  stone,  wooden 
or  other  sidewalk  of  this  city,  or  ride  or  run  any  bicycle  or 
tricycle  on  any  such  sidewalk,  or  drive  upon  such  sidewalk 


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any  kind  of  a vehicle  drawn  by  horses,  mules  or  other  animals 
except  across  regular  crossings,  or  across  private  crossings, 
into  private  premises,  or  draw  upon  any ' sidewalk  any 
hand-cart  or  wheel-harrow,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  fined  not  less  than 
one  nor  more  than  fifty  dollars. 

Sec.  11.  Not  to  Hitch  to  Trees , Fences,  Etc. — No  per- 
son shall,  in  this  city,  hitch  or  fasten  any  animal  to  any  rail- 
ing, fence,  or  ornamental  or  shade  tree  or  lamp  post  not  be- 
longing to  him  or  his  employer,  and  every  person  so  offending 
shall,  on  conviction,  be  fined  not  exceeding  twenty  dollars. 

Sec.  12.  Fast  Riding  in  a Cemetery. — Whoever  shall 
drive  any  horse  or  horses  faster  than  a walk,  or  whoever  shall 
drive  over  any  lot  or  elsewhere  than  in  the  regularly  laid  out 
roads,  avenues,  or  whoever  shall  hitch  a horse  to  any  shrub, 
tree,  fence  or  monument,  or  whoever  shall  leave  any  horse 
without  hitching  within  any  cemetery  in  this  city,  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof, 
be  fined  not  less  than  five  nor  more  than  twenty-five  dollars. 

Sec.  13.  Discharging  Fire-Arms  or  Hunting  in  Ceme- 
tery.— Whoever  shall  discharge  fire-arms  or  firecrackers,  or 
whoever  shall  hunt  any  animal  with  dogs  within  any  cemetery 
in  this  city,  shall  be  deemed  guilty  of  a misdemeanor  and 
upon  conviction  thereof,  be  fined  not  less  than  five  nor  more 
than  twenty-five  dollars. 

Sec.  14.  Damage  to  Cemetery. — Whoever  shall  cut. 
mark,  write  upon,  deface  or  otherwise  injure  any  tomb-stone, 
monument  or  other  structure  in  any  cemetery  in  this  city,  or 
any  fence,  wall,  hedge  or  other  structure  erected  to  enclose  any 
cemetery,  or  any  lot  within  the  same,  or  whoever  shall,  with- 
out lawful  authority,  pluck,  gather  or  destroy  any  plant,  flower, 
shrub  or  tree  within  any  cemetery,  or  shall  climb  upon  any 
tree  or  fence  within  any  cemetery,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars. 

Sec.  15.  Who  May  he  Sent  to  Industrial  Home. — That 
every  girl  over  the  age  of  seven  years  and  under  the  age  of 
seventeen  yars,  who  shall  be  convicted  of  being  a vagrant  or 
of  a violation  of  any  ordinance  of  this  city,  may,  except  in 
cases  deemed  incorrigible,  be  sentenced  to  the  Industrial  Home 
until  she  shall  reach  the  age  of  twenty-one  years,  if  the  police 
judge  shall  deem  such  girl  a fit  subject  to  be  committed  to 
said  Home,  such  sentence  to  be  in  lieu  of  other  punishment 


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127 


and  penalties ; provided  such  sentence  shall  be  approved  by  the 
circuit  or  probate  judge  of  Livingston  County,  before  com- 
mitted ; and  it  shall  be  the  duty  of  the  police  judge  to  ascer- 
tain as  near  as  possible  the  age  of  such  girl,  which  shall  be 
endorsed  on  the  commitment. 

Sec.  16.  Intoxication  on  Industrial  Home  Grounds  or 
Streets  Adjacent  Thereto. — It  shall  be  unlawful  for  any  per- 
son to  be  found  in  a state  of  intoxication  on  the  grounds  be- 
longing to  the  state  of  Missouri,  on  which  is  located  the  In- 
dustrial Home  for  girls,  or  in  any  thoroughfare,  street  or 
alley  immediately  adjoining  or  surrounding  said  grounds,  and 
any  person  so  offending  shall,  on  conviction,  be  fined  not  ex- 
ceeding fifty  dollars.  . 

Sec.  17.  Trespassing  Upon  Industrial  Home  Grounds. 
— It  shall  not  be  lawful  for  any  person,  male  or  female,  to  be 
found  crossing  said  grounds,  loitering  on  said  grounds,  enter- 
ing said  grounds  or  loitering  around  the  building  or  buildings 
of  the  Industrial  Home  for  girls  at  any  time  without  the  per- 
mission of  the  superintendent  of  said  Home,  or  a lawful  ex- 
cuse, and  any  person  so  offending,  shall  upon  conviction,  be 
found  guilty  of  a misdemeanor,  and  punishable  by  a fine  of  not 
less  than  one  nor  more  than  fifty  dollars,  or  not  less  than  five 
nor  more  than  twenty-five  days  in  the  city  jail,  or  both  fine 
and  jail  sentence. 

Sec.  18.  Gunpowder  Within  the  Limits  of  the  City. — 
It  shall  be  unlawful  for  any  merchant  or  corporation  to  keep 
at  any  one  time  in  any  store,  cellar,  warehouse  or  depot  within 
the  limits  of  the  city,  more  than  thirty  pounds  of  gunpowder 
or  blasting  powder.  Any  person  or  agent  of  any  corporation 
violating  this  section,  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof,  be  fined  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars. 

Sec.  19.  Quantity  of  Gunpowder. — The  quantity  of 
gunpowder  named  in  the  preceding  section  and  allowed,  to  be 
kept  within  the  limits  of  the  city,  shall  be  kept  in  air-tight  tin 
or  metalic  canisters  with  good,  close  fitting  and  well  secured 
covers  thereon;  provided  that  merchants,  for  the  purpose  of 
filling  wholesale  bills  to  customers,  may  bring  in  the 
city  from  powder  magazines,  such  as  may  be  required  to  fill 
such  order  but  such  powder  shall  not  remain  in  the  city  longer 
than  five  hours.  The  same  shall  be  kept  in  air-tight  or  metal- 
lic canisters.  Any  person  violating  this  section,  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction,  be 


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fined  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars. 

Sec.  20.  Destroying  Monuments  and  Cornerstones. — 
Any  and  every  person  or  persons,  who  shall  remove,  alter,  de- 
stroy, or  in  any  manner  deface,  obliterate,  or  render  less  in- 
telligible any  stone  or  other  monument  placed  at  any  point  or 
points  of  intersection  of  any  center  or  side  lines  of  any  street 
or  streets,  or  alley  or  alleys,  in  said  city,  shall  be  deemed  guilty 
of  a misdemeanor  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  one  nor  more  than  one  hundred  dollars  for  each 
and  every  offense. 

Sec.  21.  Competent  Person  Run  Steam  Engine. — All 
owners  of  steam  boilers  and  engines  inside  the  city  limits 
shall  at  all  times  while  the  same  are  being  used  and  run,  keep 
an  engineer  or  other  competent  person  on  watch,  whose  duty  it 
shall  be  to  keep  constant  guard  over  the  same  while  steam  is 
up,  to  guard  against  accidents  or  explosions.  All  violations 
of  this  section  shall  be  deemed  a misdemeanor  and  all  persons 
found  guilty  shall  be  fined  not  less  than  five  nor  more  than  one 
hundred  dollars. 

Sec.  22.  Grass  in  Park  or  School  Grounds. — No  person 
shall  walk  or  run  on,  lounge  on,  or  tramp  down  the  grass  in 
either  of  the  grounds  used  as  public  school  grounds  or  in  any 
public  square  or  park  in  the  city,  or  in  anywise  injure  the  same, 
and  every  person  so  offending,  shall  be  deemed  guilty  of  a mis- 
demeanor and  upon  conviction  thereof,  shall  be  fined  not  less 
than  five  nor  more  than  twenty-five  dollars. 

Sec.  23.  Playing  in  Streets,  Etc.,  Not  Allowed. — No 
person  shall  within  this  city,  upon  any  street,  alley,  avenue  or 
public  place,  play  at  any  game  or  amusement,  or  engage  in  any 
sport  or  exercise  likely  to  scare  horses  or  other  animals,  in- 
jure passengers  or  embarrass  the  passage  of  vehicles,  and 
every  person  so  offending  shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction,  shall  be  fined  not  less  than  one 
nor  more  than  fifty  dollars. 

Sec.  24.  Impairing  Buildings,  Posts,  Etc. — Any  per- 
son or  persons  who  shall,  within  this  city,  deface,  injure  or 
impair  any  building  or  buildings,  fence,  gate,  sign,  tree,  box 
ornaments,  shade  trees,  shrubbery,  lamp  post,  awning  post,  tel- 
egraph pole,  telephone  pole,  sidewalk  or  any  other  property  of 
any  kind  in  this  city,  belonging  to  the  city  or  to  any  private 
person,  or  corporation,  by  cutting,  breaking,  daubing  with 
paint  or  any  other  filth,  offal  or  substance,  hitching  of  horses 


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129 


or  other  animals,  throwing  of  stones  or  other  missiles,  or  in 
any  other  way  or  manner  defacing  or  impairing,  or  tearing 
down  the  same  or  committing  any  other  dirty  or  filthy  act  by 
throwing,  placing,  dumping,  or  depositing  any  filth,  the  con- 
tents of  any  privy,  refuse,  animal  or  vegetable  matter  in,  upon 
or  about  any  such  property  or  premises,  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  one  nor  more  than  one  hundred  dollars. 

Sec.  25.  Obstructing  Sidewalks,  Streets,  Avenues,  High- 
zmys,  Lanes,  Alleys , Street  Crossing  or  Other  Public  Ground. 
— Whoever  shall,  within  this  city,  create,  or  cause  any  ob- 
struction upon  any  sidewalk,  street,  lane,  avenue,  highway, 
alley,  street  crossing  or  other  public  grounds  in  this  city  by 
throwing,  placing,  creating  or  causing  in  any  manner  whatso- 
ever to  be  placed  thereon  any  sticks,  stones,  wood,  coal, 
boards,  lumber,  boxes,  paper,  trash,  rubbish,  bottles,  cans,  hay, 
straw,  melon  refuse  or  rinds  of  any  melons,  or  decayed  fruit, 
substance  or  material  of  any  kind,  or  any  person  allowing  hay 
or  straw,  lumber,  stone,  coal,  wood  or  other  material  to  drop 
from  their  wagons,  dray  or  conveyance  upon  any  street,  alley, 
crossing  or  other  public  grounds  who  shall  fail  to  immediately 
remove  the  same  therefrom,  or  if  any  person  or  persons  shall 
wilfully  or  knowingly  obstruct  any  street,  avenue,  highway, 
lane,  alley,  street  crossing  or  public  ground,  by  fencing  across 
or  upon  the  right  of  way  of  the  same  or  any  portion  thereof 
or  shall  obstruct  the  same  in  any  other  manner  whatsoever,  or 
if  any  person  or  persons  shall  wilfully  or  knowingly  obstruct 
any  street,  avenue,  highway,  lane,  alley,  street  crossing  or 
other  public  ground  by  maintaining  such  fence  or  other  ob- 
struction upon  any  street,  avenue,  highway,  lane,  alley,  street 
crossing  or  other  public  ground  or  any  portion  thereof,  he  or 
they  shall  be  deemed  guilty  of  a misdemeanor  and  upon  con- 
viction shall  be  fined  as  herein  provided,  and  each  day  such  ob- 
struction is  permitted  to  remain  after  notice  shall  be  deemed 
and  taken  as  a separate  offense.  If  any  person  or  persons  shall 
be  guilty  of  an  offense  and  violation  of  any  of  the  provisions 
of  this  section,  he  or  they  shall  upon  conviction,  be  deemed 
guilty  of  a misdemeanor  and  fined  in  a sum  of  not  less  than 
one  nor  more  than  two  hundred  dollars.  Provided  that  per- 
sons loading  or  unloading  merchandise  or  other  articles  into 
or  from  their  place  of  business  or  residence,  may  place  the 
same  upon  the  sidewalks  so  as  not  to  obstruct  the  same  from 
passage,  and  to  remove  the  same  as  soon  as  possible;  and  pro- 


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vided  further,  that  persons  building  or  improving  any  prem- 
ises or  property,  may  with  the  permission  of  the  city  council, 
place  any  building  material  or  mortar  box  along  the  side  of  the 
street  so  as  to  obstruct  the  passage  of  the  street  as  little  as 
possible,  and  to  remove  the  same  as  soon  as  possible,  when 
ordered  to  do  so.  (New  Section.  Passed  this  1st  day  of 
April,  1909.) 

Sec.  26.  Eave  Pipes  and  Sidewalk. — Every  person  own- 
ing or  occupying  any  building  in  this  city,  shall  cause  the  pipes 
conducting  the  water  from  the  eaves  of  the  building  to  be  so 
constructed  or  altered  so  as  not  to  spread  the  water  over  the 
sidewalk;  and  every  person  neglecting  to  comply  with  this 
section,  shall,  for  every  such  offense,  forfeit  and  pay  for  the 
use  of  the  city,  not  less  than  five  nor  more  than  fifty  dollars 
for  every  week  he  or  she  so  neglects  to  cause  the  said  pipes  to 
be  so  constructed  or  altered  as  not  to  spread  the  water  over 
any  sidewalks. 

Sec.  27.  Persons  Congregating  on  Sidewalks  and 
Streets. — It  shall  be  unlawful  for  any  persons  to  the  number  of 
three  or  more  to  congregate,  stand  or  loiter  upon  any  public 
street,  highway  or  sidewalk  within  the  city  so  as  to  blockade 
or  obstruct  the  same,  and  any  person  refusing  to  /move  on 
when  ordered  so  to  do  by  the  city  constable  or  policeman, 
shall  be  deemed  guilty  of  a misdemeanor,  and  fined  not  less 
than  one  nor  more  than  one  hundred  dollars. 

Sec.  28.  Collecting  Crowd  by  Sale. — Any  person  or 
persons  whether  an  auctioneer  or  otherwise  who  shall  sell  or 
attempt  to  sell  or  cry  for  sale  at  public  auction  or  otherwise  in 
this  city,  any  goods,  chattels  or  other  property  upon  the 
streets  or  public  grounds  within  this  city  so  as  to  collect  a 
crowd  of  people  upon  said  public  ground  or  said  sidewalk, 
whereby  the  free  passage  of  persons  over  the  same  is  pre- 
vented or  hindered  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction,  punished  by  fine  not  exceeding  fifty  dol- 
lars. 

Sec.  29.  Throwing  Rice,  Etc. — Any  person  who  shall 
upon  any  street,  avenue,  alley  or  public  place  in  the  city  of 
Chillicothe,  throw  any  rice,  flour,  corn  or  any  other  substance 
upon  any  person  whomsoever,  to  the  annoyance  and  disturb- 
ance of  such  person,  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof,  punished  by  fine  of  not  less  than 
one  nor  more  than  one  hundred  dollars. 


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131 

Sec.  30.  Cellar  Doors , Etc.,  Uncovered. — If  any  person 
in  this  city  shall  dig  or  cause  to  be  dug,  or  keep  or  maintain, 
or  shall  make  any  excavation  in  or  adjoining  any  highway, 
thoroughfare  or  other  public  place,  or  shall  dig  any  well,  cis- 
tern or  vault,  and  shall  leave  the  same  open  or  exposed  and 
without  a sufficient  fence  or  other  protection  around  it,  or 
shall  suffer  or  permit  any  cellar  door  or  grating  open  on  any 
highway  or  thoroughfare  to  remain  open,  whereby  persons 
may  be  in  danger  of  falling  into  such  cellar  or  vault,  the  per- 
son or  persons  so  offending,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction,  shall  be  fined  not  less  than  one 
nor  more  than  one  hundred  dollars. 

Sec.  31.  Persons  on  Street  After  Night — Any  person  of 
the  age  of  fifteen  years  or  over  who  shall,  within  this  city,  be 
found  upon  any  public  street,  lane,  alley  or  other  public  places 
within  this  city,  at  any  time  after  11  o’clock  p.  m.  until  day- 
light, who  is  not  known  to  the  city  constable  or  policemen  of 
this  city  to  be  a person  of  good  repute,  and  who  cannot  give 
satisfactory  excuse  for  such  presence  at  such  unusual  hour,  or 
any  person  under  the  age  of  fifteen  years  who  shall  be  found 
upon  the  public  streets,  lanes,  alleys  or  other  public  places 
within  this  city  at  any  time  after  8 :30  o’clock  p.  m.  until  day- 
light next  morning,  unless  sent  on  an  errand  by  their  parents 
or  guardian,  or  accompanied  by  an  adult,  any  person  so  of- 
fending, shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  one  nor  more  than  fifty 
dollars. 

Sec.  32.  Trespass  Upon  Private  Property. — It  shall  be 
unlawful  for  any  person  to  trespass  upon  private  property 
within  this  city  by  going  upon  or  into  any  enclosure,  or  upon 
any  lot,  premises,  orchard,  out-house,  stable  or  lot  of  another, 
without  the  consent  of  the  owner  or  occupant  thereof.  Every 
person  so  offending  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  one  nor  more 
than  fifty  dollars. 

Sec.  33.  Causing  Dogs  or  Other  Animals  to  Fight. — 
Whoever  shall  purposely  cause  dogs  or  other  animals  to  fight 
upon  the  streets,  alleys  or  public  places  of  this  city,  shall  be 
deemed  guilty  of  a misdemeanor  and  upon  conviction,  be  fined 
not  less  than  one  nor  more  than  fifty  dollars. 

Sec.  34.  Climbing  on  Moving  Cars. — Any  person  other 
than  railroad  employes,  who  shall  jump  or  climb,  or  attempt 
to  jump  or  climb  upon  or  into,  or  who  shall  encourage  any 


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person  to  jump  or  climb,  or  attempt  to  jump  or  climb,  upon  or 
into  any  locomotive  engine,  car  or  train  of  cars  thereto  at- 
tached while  in  motion,  shall  he  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than  one 
nor  more  than  twenty-five  dollars. 

Sec.  35.  Running  of  Trains. — It  shall  he  unlawful  for 
any  conductor,  engineer,  fireman,  brakeman  or  other  person 
to  move  or  cause  or  allow  to  be  moved  any  locomotive,  train, 
tender,  or  car  within  the  limits  of  the  city  of  Chillicothe,  Mis- 
souri, at  a greater  rate  of  speed  than  six  miles  per  hour  and 
any  person  so  offending  shall  be  deemed  guilty  of  a misde- 
meanor and  he  fined  not  less  than  five  nor  more  than  twent- 
ty-five  dollars. 

Sec.  36.  Trains  Obstructing  Crossings. — It  shall  be  un- 
lawful for  any  conductor,  engineer,  fireman,  brakeman,  or 
others  to  cause,  allow  or  permit  any  car,  cars  or  locomotive  to 
obstruct  any  street  crossing,  in  the  city  limits  of  the  city  of 
Chillicothe,  longer  than  five  minutes,  and  any  such  person  vio- 
lating this  section  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction,  shall  be  fined  not  less  than  five  nor  more 
than  twenty-five  dollars. 

Sec.  37.  Public  Indecency , Obscene  Books , Etc. — No 
person  shall,  in  this  city,  appear  in  any  public  place  in  a state 
of  nudity,  or  in  any  dress  not  belonging  to  his  or  her  sex,  or  in 
any  indecent  or  lewd  dress,  or  shall  make  any  indecent  expo- 
sure of  his  or  her  person,  or  be  guilty  of  any  lewd  or  indecent 
act  or  behavior,  or  shall  exhibit,  sell  or  print  or  publish  any 
lewd  or  indecent  picture,  or  shall  exhibit  or  perform  any  in- 
decent, immoral  or  lewd  play  or  other  indecent  presentation, 
and  every  person  so  offending  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  fined  not  less  than 
one  nor  more  than  one  hundred  dollars,  or  by  imprisonment 
in  the  city  jail  not  more  than  thirty  days. 

(Passed  this,  the  first  day  of  April,  1909.) 

Sec.  38.  Falsely  Representing  Self  to  be  an  Officer. — 
Whoever  shall  fasely  represent  himself  to  be  an  officer  of 
this  city,  or  of  the  United  States,  or  of  any  state,  county  or 
city  within  the  United  States  or  shall  without  being  duly  au- 
thorized, exercise  or  attempt  to  exercise  any  of  the  duties  or 
functions  of  any  such  officer  or  shall  hinder,  obstruct  or 
otherwise  interfere  with  any  officer  of  this  city  in  the  dis- 
charge of  his  official  duties,  shall  be  deemed  guilty  of  a mis- 


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133 


demeanor,  and  upon  conviction,  shall  be  fined  not  less  than  one 
ndr  more  than  one  hundred  dollars. 

Sec.  39.  Selling  Cigars  and  Tobacco  to  Minors. — Who- 
ever shall  sell,  give  or  offer  to  sell  or  give  any  cigars,  cigar- 
ettes or  tobacco  to  any  minor  under  the  age  of  sixteen  years 
without  the  consent  ofMhe  parents  or  guardian  of  such  minor 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  convic- 
tion, shall  be  fined  not  less  than  one  nor  more  than  fifty  dol- 
lars. 

Sec.  40.  Barbed  Wire , Spikes,  Etc.,  on  Streets  Pro- 
hibited.— No  person  shall  place  or  permit  to  be  placed  or  re- 
main on  or  along  any  railing  or  building  front,  or  any  part 
of  any  building,  fence  or  premises,  adjacent  or  contiguous  to 
any  street  or  sidewalk,  any  spikes,  sharp  or  pointed  cresting, 
or  any  barbed  wire  fence  next  to  any  sidewalk,  or  any  other 
thing  dangerous  and  liable  to  snag,  tear,  cut  or  otherwise  in- 
jure any  one  coming  in  contact  therewith.  Any  person  so 
offending  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  one  nor  more  than 
twenty-five  dollars. 

Sec.  41.  Bringing  Paupers,  Lunatics,  Etc.,  Into  the 
CzYy.-^-Whoever  shall  bring  into  this  city,  or  cause  to  be 
brought  into  this  city  any  pauper,  lunatic,  idiot,  or  person 
of  unsound  mind,  or  any  person  having  any  contagious  or 
infectious  disease,  or  any  sickness  or  infection,  or  infirmity 
causing  helplessness,  and  leave  any  such  person  so  afflicted 
without  protection  in  this  city,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  fined  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Sec.  42.  Loafing  on  Street  Corners,  Etc. — No  person 
shall  loiter,  loaf  or  lounge  at  the  corner  of  streets  or  in  the 
vicinity  of  any  place  of  amusement,  public  school,  church, 
hotel,  restaurant,  eating  house,  saloon,  dramshop  or  in  or  upon 
any  square,  street,  avenue,  alley  or  sidewalk  within  this  city, 
and  refuse  to  disperse  or  vacate  such  place  when  requested  to 
do  so  by  the  city  constable  or  any  policeman  of  this  city,  or 
at  the  request  of  the  person  in  charge  of  such  church,  school 
or  place  of  amusement.  Any  person  or  persons  so  offending 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  one  nor  more  than  one  hun- 
dred dollars. 

Sec.  43.  Firecrackers,  Shooting. — No  person  shall,  with- 
in the  city,  shoot,  explode  or  cause  to  be  exploded,  any  fire- 


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crackers  or  fireworks  in  any  of  their  various  forms,  upon 
any  street,  alley,  highway  or  public  grounds  within  this  city . 
Any  person  violating  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a misdemeanor,  and  upon  conviction  shall 
be  fined  not  to  exceed  fifty  dollars. 

Sec.  44.  Discharge  of  Fire  Arms. — No  person  shall, 
within  this  city,  discharge  or  fire  off  any  gun,  pistol  or  other 
fire  arm,  nor  shall  throw  any  rock,  pebble,  arrow  or  other  hard 
substance  by  means  of  a sling,  cross-bow,  india  rubber  shooter 
or  bow,  or  by  any  other  means,  nor  discharge  any  air  gun, 
target  gun  or  spring  gun  of  any  kind.  Nothing  in  this  section 
shall  be  construed'  as  applying  to  officers  in  the  discharge  of 
their  duties,  licensed  shooting  galleries  or  military  funerals. 
Any  person  violating  any  of  the  provisions  of  this  chapter 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  conviction 
shall  be  fined  not  to  exceed  one  hundred  dollars. 

Sec.  45.  Stallions,  Jacks  and  Other  Male  Animals. — 
No  person  shall  keep  a male  horse  or  a jack  for  teasing  and 
serving  mares,  at  the  time  of  such  service,  or  shall  let  any  bull 
or  other  male  animal  to  any  female  animal  within  three  hun- 
dred yards  of  any  school  house,  college,  or  church,  nor  shall 
such  service  be  done  near  a public  street,  alley  or  any  public 
ground  of  any  kind  or  a residence  other  than  that  of  the  owner 
of  the  animal,  unless  the  same  is  so  surrounded  with  natural 
or  artificial  barriers  as  to  obstruct  the  view  from  said  street 
or  public  ground,  or  of  persons  residing  at  such  residence. 

Sec.  46.  Sabbath  Breaking. — Every  person  in  this  city 
who  shall  either  labor  himself,  or  compel  or  permit  his  ap- 
prentice or  servant,  or  any  other  person  under  his  charge  or 
control,  to  labor  or  perform  any  work  other  than  the  house- 
hold offices  of  daily  necessity,  of  charity  or  of  mercy,  or  who 
shall  be  guilty  of  hunting  game  or  shooting  on  the  first  day  of 
the  week  commonly  called  Sunday,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  to  exceed 
‘fifty  dollars.  This  section  shall  not  be  construed  against  any 
person  exempted  from  its  operation  by  Section  2241  of  the 
Revised  Statutes  of  Missouri  of  1899. 

Sec.  47.  Sunday  Shows.- — That  no  person,  firm  or  cor- 
poration shall,  within  the  corporate  limits  of  the  city  of  Chilli- 
cothe,  Missouri,  give  any  public  entertainment,  theatrical  or 
other  exhibition  whatever  on  the  first  day  of  the  week,  com- 
monly called  Sunday,  and  any  person  so  offending  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction  thereof, 


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135 


shall  be  fined  not  less  than  one  hundred  nor  more  than  two 
hundred  dollars  for  each  and  every  offense. 

Sec.  48.  Barbcring  on  Sunday. — It  shall  be  unlawful 
for  the  owner  or  proprietor  of  any  barber  shop,  or  for  any 
journeyman  barber  of  any  barber  shop  in  the  city  to  perform 
any  work  or  labor  connected  with  any  such  shop  in  pursuance 
of  such  trade  or  profession  on  the  first  day  of  the  week,  com- 
monly called  Sunday,  and  every  person  so  offending  shall, 
on  conviction,  be  fined  not  less  than  five  nor  more  than  fifty 
dollars. 

Sec.  49.  Selling  Goods  on  Sunday. — Any  person  who 
shall  expose  to  sale  any  goods,  wares  or  merchandise,  or 
or  shall  keep  open  any  ale  or  porter  house,  grocery  or  tippling 
shop,  or  shall  sell  or  retail  any  fermented  or  distilled  liquor 
on  the  first  day  of  the  week,  commonly  called  Sunday,  shall 
on  conviction  be  adjudged  guilty  of  a misdemeanor,  and  shall 
be  fined  not  to  exceed  fifty  dollars.  This  section  shall  not  be 
construed  to  prevent  the  sale  of  any  drugs  or  medicines,  pro- 
visions or  articles  of  immediate  necessity. 

Sec.  50.  Horse  Racing } Etc.,  on  Sunday. — Every  person 
who  shall  engage  in  horse  racing,  cock  fighting  or  playing  at 
cards  or  games  of  any  kind,  or  shall  play  base  ball  on  the 
first  day  of  the  week,  commonly  called  Sunday,  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction,  shall  be  fined 
not  exceeding  fifty  dollars. 

Sec.  51.  Disorderly  House  and  Place  of  Business. — Any 
person  or  persons  keeping,  permitting  or  maintaining  a disor- 
derly house  or  place  of  business  by  suffering  or  permitting  to 
assemble  or  congregate  in  and  about  such  house  or  place  of 
business,  idle,  vicious,  drunken,  quarreling  or  swearing  per- 
sons, persons  making  loud  noises  and  disturbing  the  peace  of 
the  neighborhood,  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  five 
nor  more  than  one  hundred  dollars. 

Sec.  52.  Carrying  Concealed  Weapons. — If  any  person 
shall,  within  this  city,  carry  concealed  upon  or  about  his  per- 
son, any  deadly  or  dangerous  weapon  or  shall  go  into  any 
church  or  place  where  people  have  assembled  for  religious  wor- 
ship, or  into  any  school  room  or  place  where  people  are  as- 
sembled for  education,  literary  or  social  purposes,  or  to  any 
election  precinct,  on  any  election  day  or  into  any  court  room 
during  the  sitting  of  court,  or  into  any  other  public  assembly 


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of  persons  met  for  any  lawful  purpose  other  than  military  drill, 
or  meeting  called  under  the  militia  law  of  this  state,  having 
upon  or  about  his  person  any  kind  of  fire  arms,  bowie  knife, 
dirk,  dagger,  sling  shot  or  other  deadly  weapon,  or  shall  in 
the  presence  of  one  or  more  persons  exhibit  any  such  weapon, 
in  a rude,  angry  or  threatening  manner,  or  shall  have  or  carry 
any  such  weapon  upon  or  about  his  person  when  intoxicated 
or  under  the  influence  of  intoxicating  drinks,  or  shall  directly 
or  indirectly,  sell,  or  deliver,  loan  or  barter,  to  any  minor  any 
such  weapon  without  the  consent  of  the  parent  or  guardian 
of  such  minor,  he  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction,  shall  be  fined  not  less  than  ten  nor  more 
than  one  hundred  dollars  or  be  imprisoned  in  the  city  jail  not 
less  than  five  nor  more  than  thirty  days. 

Sec.  53.  Escaping  From  Custody. — Any  person  who 
shall  escape  or  attempt  to  escape  from  custody  of  an  officer 
of  this  city,  or  while  confined  in  the  city  calaboose,  or  any 
person  who  shall  assist  or  attempt  to  assist  in  any  manner, 
any  such  prisoner  to  escape  from  the  custody  of  such  officer 
or  from  the  said  calaboose,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction,  shall  be  fined  not  less  than 
one  nor  more  than  one  hundred  dollars. 

Sec.  54.  Vagrancy. — Every  person  who  may  be  found 
loitering  around  houses  of  ill  fame,  gambling  houses  or  places 
where  liquors  are  sold  and  drank,  without  any  visible  means  of 
support,  or  shall  attend  or  operate  any  gambling  device  or 
apparatus,  or  be  engaged  in  practicing  any  trick  or  device  to 
procure  money  or  other  thing  of  value,  or  shall  be  engaged 
in  any  unlawful  calling  whatever,  and  every  ablebodied  mar- 
ried man  who  shall  neglect  or  refuse  to  provide  for  the  sup- 
port of  his  family,  and  every  person  found  wandering  or 
tramping  around  from  place  to  place  without  any  visible  means 
of  support,  or  any  able-bodied  person  spending  his  time  in 
idleness  and  not  having  any  visible  means  of  support,  -shall  be 
deemed  a vagrant  and  upon  conviction  thereof  shall  be  fined 
not  less  than  one  nor  more  than  one  hundred  dollars,  or  be 
imprisoned  in  the  city  jail,  not  less  than  twenty  days,  or  by 
both  such  fine  and  imprisonment. 

Sec.  55.  Intoxicating  Liquors,  Sales  by  Druggists. — No 
druggist,  proprietor  of  a drug  store  or  pharmacist,  shall  di- 
rectly or  indirectly,  sell,  give  away  or  otherwise  dispose  of 
alcohol  or  intoxicating  liquors  of  any  kind  in  any  quantity 
less  than  four  gallons  for  any  purpose,  except  on  a written 


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137 


prescription  dated  and  signed,  first  had  and  obtained,  from 
some  regularly  licensed  and  practicing  physician,  and  then 
only  when  such  physician  shall  state  in  such  prescription  the 
name  of  the  person  for  whom  the  same  is  prescribed,  and 
that  such  intoxicating  liquor  is  prescribed  as  a necessary  rem- 
edy, provided  that  any  druggist  or  pharmacist  may  sell  or  give 
away  in  good  faith  any  wine  for  sacramental  purposes,  pro- 
vided further,  that  any  druggist  may  sell  alcohol  in  less  quan- 
tities than  four  gallons  for  art,  mechanical  and  scientific  pur- 
poses, but  only  on  a written  application  signed  by  a person 
known  to  the  druggist  to  be  a mechanic,  scientist  or  artist  in 
which  application  shall  be  stated  the  purpose  for  which  said 
alcohol  is  to  be  used.  Any  druggist,  proprietor  of  a drug  store 
or  pharmacist  who  shall  violate  any  of  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a misdemeanor,  and  upon  con- 
viction therefor  shall  be  punished  by  a fine  not  less  than  twen- 
ty-five dollars  nor  more  than  two  hundred  dollars. 

Sec.  56.  Cheat , Swindle , Etc . — Any  person  within  this 
city  who  shall  engage  in  or  aid,  assist  or  abet  any  other  per- 
son in  any  game,  device,  trick  or  other  scheme,  or  by  means  of 
any  deception  whatsoever,  designed  or  intended  to  cheat, 
swindle  or  defraud  any  person  out  of  any  money  or  thing 
of  value,  or  who  shall  attempt  or  aid  another  in  attempting 
to  cheat,  swindle  or  defraud  any  one  out  of  any  money  or 
thing  of  value,  by  means  of  any  trick,  scheme,  device  or  decep- 
tion, by  any  false  representations,  statement  or  pretense  or  by 
any  means  or  instrument  or  device  commonly  called  the  “con- 
fidence game,”  or  who  shall  have  in  his  or  her  possession  any 
device,  instrument,  trick  or  tool  used  or  designed  to  be  used 
in  any  game,  sleight  of  hand  performance  or  scheme  of  any 
character  intended  or  designed  to  cheat,  swindle  or  defraud 
any  person  out  of  any  money  or  thing  of  value,  shall  be 
deemed  guilty  of  a misdemeanor,  and  upon  conviction,  shall  be 
fined  not  less  than  five  nor  more  than  one  hundred  dollars. 

Sec.  57.  Desertion  or  Exposure  of  Children. — Any  par- 
ent, guardian  or  -other  person  within  this  city  having  the 
custody  of  any  child  or  children,  or  upon  whom  by  law  or 
nature  the  care  and  maintenance  of  such  child  or  children  de- 
volves, who  shall  neglect  suitably  and  to  the  extent  of  his 
or  her  ability  to  provide  for  the  wants  of  such  child  or  chil- 
dren, or  who  shall  abandon  any  child  or  children  so  that  the 
same  are  exposed  or  left  in  want,  or  a charge  upon  the  public, 
shall  be  deemed  guilty  of  a misdemeanor,  and  upon  convic- 


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tion,  shall  be  fined  not  less  than  ten  nor  more  than  one  hun- 
dred dollars. 

Sec.  58.  Putting  Dead  Animals,  Etc.,  in  Wells. — Any 
person  or  persons  who  shall  put  or  cause  to  be  put  any  dead 
animal,  carcass  or  any  part  thereof,  or  any  offal  or  other  filth, 
into  any  well,  cistern,  spring,  drinking  fountain,  trough  or 
basin  used  for  drinking  purposes,  or  into  any  brook  or  branch 
within  this  city,  which  is  or  may  be  used  for  household  or  do- 
mestic purposes,  or  the  water  of  which  is  or  may  be  used  by 
the  public  for  drinking  purposes,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction,  shall  be  fined  not  less  than 
five  nor  more  than  one  hundred  dollars. 

Sec.  59.  Sale  of  Spoiled  Meat,  Etc. — Any  person  who 
shall,  in  this  city,  sell  or  expose  for  sale,  or  offer  for  sale  at 
any  place,  the  flesh  of  any  dead  animal  which  was  sick  or  over- 
heated or  run  down  by  dogs  or  otherwise,  at  or  immediately 
before,  the  time  at  which  the  same  was  butchered  or  slain,  or 
which  died  a natural  death,  or  was  killed  by  accident  or  other- 
wise than  in  the  usual  or  ordinary  method  of  slaying  ani 
mals  for  food,  of  shall  sell  or  offer  for  sale  any  blown,  tainted, 
decayed  or  unsound  meat,  flesh,  vegetables,  eggs,  poultry,  fish 
or  other  unwholesome  articles  of  food  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction,  shall  be  fined  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

Sec.  60.  Adultery,  Etc. — Every  person  who  shall  live 
in  a state  of  open  and  notorious  adultery,  and  every  man  and 
woman,  one  or  both  of  whom  are  married,  and  not  to  each 
other,  and  every  person  married  or  unmarried,  who  shall  be 
guilty  of  open,  gross  lewdness  or  lascivious  behavior,  or  any 
open  and  notorious  act  of  public  indecency,  grossly  scandalous, 
shall,  on  conviction,  be  deemed  guilty  of  a misdemeanor,  and 
shall  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars. 

Sec.  61.  Gambling  and  Bawdy  Houses. — Every  person 
who  shall  set  up  or  keep  a common  gaming  or  bawdy  house, 
or  brothel  or  house  of  assignation  shall  on  conviction  be  ad- 
judged guilty  of  a misdemeanor,  and  punished  by  fine  of  not 
less  than  one  hundred  nor  more  than  two  hundred  dollars. 

Sec.  62.  Betting  on  Games. — Every  person  who  shall  bet 
any  money  or  property  upon  any  gaming  table,  bank  or  device, 
or  who  shall  bet  upon  any  game  played  at  or  by  means  of  any 
such  gaming  table  or  other  gambling  device,  or  who  shall  loan 


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or  furnish  any  money  or  property  to  any  other  person  to  be 
bet  as  aforesaid  and  the  same  shall  be  used,  or  who  shall  in 
any  manner  be  interested  in  any  such  playing  or  betting  at 
such  device  shall  be  deemed  guilty  of  a misdemeanor,  and  upon 
conviction  punished  by^ne  of  not  less  than  ten  nor  more  than 
two  hundred  dollars. 

Sec.  63.  Throzmng  Dice , Etc.,  and  Betting  Thereon. — 
If  any  person  shall  play  at  any  game  whatsoever,  for  money, 
property  or  gain,  with  cards,  dice  or  other  device  which  may 
be  adapted  to  or  used  in  playing  any  game  of  chance,  or  in 
which  chance  is  a material  element,  or  shall  bet  or  wager  on 
the  hands  of  cards,  or  sides  of  such  as  do  play  as  aforesaid, 
every  such  person  shall  be  deemed  guilty  of  a misdemeanor  and 
upon  conviction  thereof  be  fined  not  less  than  one  nor  more 
than  two  hundred  dollars. 

Sec.  64.  Owner  Permitting  Gambling  Device  on  Prem- 
ises, Penalty. — Every  person  who  shall  permit  any  gaming 
table,  bank  or  device  to  be  set  up  or  used  for  the  purpose  of 
gaming  in  any  house,  building,  shed,  booth,  shelter,  lot  or 
premises  to  him  belonging  or  by  him  occupied,  or  of  which  he 
hath  at  the  time  the  possession  or  control  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction  punished  by 
imprisonment  in  the  city  prison  or  city  workhouse  for  not  more 
than  one  year  nor  less  than  thirty  days,  or  by  a fine  not  ex- 
ceeding two  hundred  dollars  or  less  than  ten  dollars. 

Sec.  65.  Keeping  Gaming  Device. — Every  person  who 
shall  set  up  or  keep  any  table  or  gambling  device  commonly 
called  A.  B.  C.  faro  bank,  E.  O.,  roulette,  equality,  keno  or 
any  kind  of  gambling  table  or  gambling  device,  adapted,  de- 
vised and  designed  for  the  purpose  of  playing  any  game  of 
chance  for  money  or  property,  and  shall  induce,  entice  or  per- 
mit any  person  to  bet,  or  play  at  or  upon  any  such  gaming 
table  or  gambling  device  or  at  or  upon  any  game  played  or 
by  means  of  any  such  table  or  gambling  device,  or  on  the  side 
or  against  the  keeper  thereof,  shall,  on  conviction,  be  ad- 
judged guilty  of  a misdemeanor,  and  upon  conviction  be  pun- 
ished by  imprisonment  in  the  city  jail  not  less  than  ten  days 
nor  more  than  six  months. 

Sec.  66.  Leasing  Houses  for  Gaming  and  Other  Immoral 
Purposes. — Every  person  who  shall  knowingly  lease  or  let  to 
another,  any  house  or  other  building  for  the  purpose  of  setting 
up  or  keeping  therein  any  gaming  table  or  gambling  device,  for 
the  purpose  of  being  used  or  kept  as  a gaming  house,  or  brothel 


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or  bawdy  house,  shall  on  conviction  be  adjudged  guilty  of  a 
misdemeanor,  and  punished  by  a fine  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars. 

Sec.  67.  Who  Deemed  Keeper  of  Gaming  and  Other 
Houses. — Every  person  appearing  or  acting  as  master  or  mis- 
tress, or  having  the  care,  use  or  management  for  the  time,  of 
any  prohibited  gaming  table,  bank  or  device,  shall  be  deemed 
a keeper  thereof,  and  every  person  who  shall  appear  or  act  as 
master  or  mistress,  or  have  the  care,  use  or  management  of 
any  house  or  building  in  which  any  gaming  table,  bank  or 
device  is  set  up  or  kept,  or  of  any  gaming  house,  brothel  or 
bawdy  house  shall  be  deemed  the  keeper  thereof. 

Sec.  68.  W ho  May  Testify  in  Proceedings  Against  Gam- 
bling Houses. — No  person  shall  be  incapacitated  or  excused 
from  testifying  touching  any  offense  committed  by  another, 
against  any  of  the  provisions  relating  to  gaming  by  reason  of 
his  having  betted  or  played  at  any  of  the  prohibited  games  or 
gaming  devices,  but  the  testimony  which  may  be  given  by  such 
person  shall  in  no  case  be  used  against  him. 

Sec.  69.  Inmate  or  Boarder  in  Bawdy  House. — Any  per- 
son, male  or  female,  who  shall  in  this  city,  be  an  inmate  of  or 
boarder  or  lodger  in,  or  who  shall  in  any  way  contribute  to  the 
support  of  any  bawdy  house,  house  of  ill  fame,  assignation 
house,  or  other  place  kept  or  maintained  for  the  purpose  of 
prostitution,  or  any  female  person  who  shall  be  an  inmate  of 
any  house,  tenement  or  place  within  this  city  for  the  purpose 
of  prostitution  or  criminal  intercourse  shall  be  deemed  guilty 
of  a misdemeanor,  and  upon  conviction  thereof,  shall  be  fined 
not  less  than  five  nor  more  than  two  hundred  dollars. 

Sec.  70.  Frequenting  Bawdy  Houses. — Any  person,  male 
or  female,  who  shall  at  any  time,  in  this  city,  be  found  in  or 
frequenting  or  loitering  about  any  bawdy  house,  house  of  ill 
fame,  assignation  house  or  other  place  kept  or  maintained  for 
the  practice  of  fornication,  shall  be  guilty  of  a misdemeanor, 
and  upon  conviction  thereof,  shall  be  fined  not  less  than  five 
dollars  nor  more  than  two  hundred  dollars  ; provided  the  pro- 
visions of  this  section  shall  not  be  so  construed  as  to  apply  to 
any  person  or  persons  showing  by  competent  proof  that  they 
visited  such  place  on  lawful  business. 

Sec.  71.  Pimps  and  Procurer. — Any  person,  male  or  fe- 
male, who  shall  as  a pimp  or  procurer  by  soliciting  or  in- 
ducing any  female  to  commit  or  have  sexual  intercourse  with 


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any  person  other  than  such  pimp  or  procurer  shall  be  deemed 
guilty  of  a misdemeanor,  and  upon  conviction,  punished  by  fine 
not  less  than  one  hundred  nor  more  than  two  hundred  dollars. 

Sec.  72.  Licentious  Conduct  Forbidden. — No  prostitute, 
courtesan  or  lewd  woman  shall,  within  the  limits  of  this  city, 
by  word,  sign  or  action^  ply  her  vocation  on  any  street,  alley 
or  avenue  of  this  city,  or  in  any  other  public  place,  or  at  any 
door  or  open  window  of  the  house  or  room  she  may  occupy, 
and  any  prostitute,  courtesan  or  lewd  woman  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  twenty-five  nor  more  than  two  hundred  dollars. 

Sec.  73.  Renting  Rooms  for  Fornication. — Any  person, 
male  or  female,  who  shall  rent,  keep,  occupy  or  have  in  his  or 
her  possession  or  under  his  or  her  control  or  management,  any 
room  or  rooms  to  which  men  resort  for  the  purpose  of  prosti- 
tution or  fornication,  with  such  female  or  any  other  female, 
shall  be  deemed  guilty  of  a misdemeanor  and  upon  conviction 
thereof  shall  be  fined  not  less  than  twenty-five  nor  more  than 
two  hundred  dollars. 

Sec.  74.  Reputation  of  House  in  Evidence. — In  order  to 
convict  any  person  of  keeping  a bawdy  house,  house  of  ill  fame 
or  assignation  house  or  other  place  kept  or  maintained  for  the 
practice  of  fornication,  prostitution  or  illicit  sexual  intercourse, 
the  character  of  such  houses  or  places  may  be  established  by 
proof  that  the  same  is  generally  reputed  to  be  a bawdy  house, 
house  of  ill  fame,  assignation  house  or  a place  kept  or  main- 
tained for  the  purpose  of  prostitution,  fornication  or  illicit  sex- 
ual intercourse. 

Sec.  75.  Obstructing  Stairway. — It  shall  be  unlawful 
for  any  person  or  persons  to  stand  or  sit  in  any  stairway  or 
passage  leading  to  any  building  or  room,  so  as  to  obstruct  the 
passage  of  persons  through  or  along  same.  Any  person  so 
offending,  shall  on  conviction  be  fined  not  less  than  one  nor 
more  than  fifty  dollars. 

Sec.  76.  Spitting  on  Sidewalk. — It  shall  be  unlawful  for 
any  person  to  spit  on  any  sidewalk,  street  crossing,  stairway, 
doorway  or  passage  leading  to  any  building  or  on  the  floor  or 
walls  of  any  public  building  within  this  city,  and  any  person  so 
offending  shall,  on  conviction,  be  fined  not  less  than  one  dollar 
nor  more  than  five  dollars. 

Sec.  77.  Soliciting  on  Platform. — It  shall  be  unlawful 
for  any  person  or  licensed  porter,  runner  or  solicitor  to  solicit 


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custom  for  any  business  of  any  kind,  whatever,  within  the 
depot  of  any  railway  company  in  this  city,  or  upon  the  plat- 
form connected  with  such  depot,  and  any  person  so  offending, 
shall  he  deemed  guilty  of  a misdemeanor  and  upon  conviction 
thereof,  he  fined  not  less  than  five  nor  more  than  fifty  dollars. 

vSec.  78.  Driving  Vehicles  or  Train  Over  Hose. — It  shall 
be  unlawful  for  any  person  or  driver  of  any  vehicle,  car,  en- 
gine or  train,  to  drive  or  cause  to  he  driven  any  such  vehicle, 
car,  engine  or  train  over  any  hose,  necessarily  laid  across  any 
street,  avenue,  alley  or  railway  track,  in  this  city,  and  every 
person  or  driver  so  offending,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  upon  conviction  thereof,  be  fined  not  less  than 
five  nor  more  than  one  hundred  dollars. 

Passed  and  approved  this  10th  day  of  December,  1906. 

ORDINANCE  No.  14. 

An  Ordinance  Defining  and  Declaring  What  Shall  Be 
Deemed  Nuisances  on  Public  or  Private  Property, 
and  for  the  Summary  Abatement  of  Nuisances;  and 
Providing  a Fine  and  Punishment  for  Violation  of 
Ordinance  in  Relation  Thereto;  and  for  Manner  of 
Assessing  Costs  Against  the  Property. 

Section  1.  Unlawful  to  Permit  Nuisance. — Be  it  or- 
dained by  the  mayor  and  city  council  of  the  city  of  Chillicothe, 
Missouri,  as  follows  : 

It  shall  he  unlawful  for  any  person,  firm  or  corporation 
to  commit,  cause,  keep,  permit  or  do  any  nuisance  as  defined 
herein  in  the  city  of  Chillicothe,  Missouri. 

Sec.  2.  What  Declared  Nuisances. — The  following  are 
hereby  deemed  and  declared  nuisances : 

1.  All  substances  which  emit  or  cause  any  foul,  noxious, 
unhealthy  or  disagreeable  odor  or  effluvia  in  the  neighborhood 
where  they  exist. 

2.  All  carcasses  of  animals  remaining  exposed  one  hour 
after  death. 

3.  All  green  or  salted  hides  left  or  deposited  in  any  open 
place. 

4.  Every  soap  factory,  tallow  chandlery,  grocery,  cellar, 
shop,  meat  shop,  sausage  factory,  beef  or  pork  packing  house, 
stable  or  barn  which  emits  or  causes  any  offensive,  disagree- 
able, or  noxious  smell  or  odor. 

5.  All  slop,  foul  or  dirty  water,  liquor  or  beer  washings. 


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143 


all  filth,  refuse  or  offal  discharged  through  drains  or  spouts, 
or  otherwise  thrown  or  deposited  in  or  upon  any  street,  avenue, 
sidewalk,  alley,  lot,  park,  public  enclosure,  or  any  pond  or  pool 
of  water. 

6.  All  vegetables  or  other  articles  that  emit  or  cause  any 
offensive  or  disagreeable  smell  or  odor. 

7.  All  articles  or  things  whatsoever  caused,  kept,  main- 
tained or  permitted  by  any  person  to  the  injury,  inconvenience 
or  annoyance  of  the  public. 

8.  All  pursuits  followed  or  engaged  in  or  acts  done  by 
any  person  to  the  injury,  annoyance  or  inconvenience  of  the 
public. 

9.  All  signs  projecting  from  any  house,  building  or 
other  structure  more  than  twenty-four  inches  over  or  upon 
any  sidewalk  or  alley,  except  by  permission  of  the  city  coun- 
cil. 

10.  All  hanging  signs,  ropes,  net-work  or  other  adver- 
tising device  stretched  over  or  across  any  street,  avenue,  alley 
or  sidewalk. 

11.  All  ashes,  cinders,  slops,  filth,  excrement,  sawdust, 
stones,  rocks,  dirt,  straw,  soot,  sticks,  shavings  oyster  shells 
or  cans,  dust,  paper,  trash,  rubbish,  manure,  refuse,  offal, 
waste  water,  chamber  lye,  fish,  putrid  meat,  entrails,  decayed 
fruit  and  vegetables,  broken  w^ire,  rags,  old  iron  or  other 
metal,  old  wearing  apparel,  all  animal  or  vegetable  matter,  all 
dead  animals  or  any  other  offensive  or  disagreeable  substance 
or  thing  thrown,  left  or  deposited  or  caused  to  be  thrown,  left 
or  deposited  by  any  one  in  or  upon  any  street,  avenue,  alley, 
sidewalk,  park,  public  enclosure,  lot,  vacant  or  occupied,  or 
pond  or  pool  of  water. 

12.  All  boxes,  barrels,  kegs,  crates,  boards  or  wood, 
wagons  or  buggies,  engine,  machinery  or  parts  thereof,  tomb- 
stones, marble  or  granite  stones  or  piles  of  dirt,  stone  or  brick, 
left  or  deposited  by  any  one  in  or  upon  any  sidewalk,  curbstone 
or  gutter  or  on  any  park-way  on  any  street,  alley  or  avenue, 
or  in  front  or  along  the  side  of  any  building. 

13.  The  burning  upon  any  street,  avenue,  alley,  public 
enclosure,  park,  sidewalk  or  other  place  in  the  city,  of  any 
animal,  vegetable  or  other  substances,  the  burning  of  which 
creates  any  disagreeable,  noxious  or  unwholesome  smell  or 
odor. 

14.  Any  stable,  hog-pen  or  privy  which  is  kept  or  per- 


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mitted  to  be  kept  in  such  a condition  as  to  be  offensive,  annoy- 
ing or  disagreeable  to  any  one. 

15.  Any  house  kept  for  the  purpose  of  prostitution  or 
promiscuous  sexual  intercourse,  all  bawdy  houses,  houses  of 
ill  fame  and  disorderly  houses. 

16.  All  boxes,  barrels,  goods,  merchandise,  or  things 
whatsoever  placed  or  allowed  to  remain  upon  any  sidewalk,  in 
front  of  or  extending  along  the  building  adjoining  the  same, 
except  while  engaged  in  loading  or  unloading  or  unpacking 
goods,  wares,  and  merchandise. 

Sec.  3.  Hanging  Meat  in  Street. — No  person  shall  place,, 
leave,  deposit  or  hang  up  any  beef,  pork,  veal,  mutton  or  other 
fresh  meat,  bacon,  hams,  fish  or  sausage  in  or  upon  any  street, 
avenue,  alley  or  sidewalk,  or  cause  or  permit  the  same  to  be 
done. 

Sec.  4.  Throwing  Slops,  Etc. — No  person  shall  throw  or 
cause  or  allow  to  be  thrown  any  water  or  slops  upon  any  floor 
of  any  building  occupied  by  him  so  that  the  same  shall  run  or 
soak  through  such  floor  or  down,  upon  or  along  the  inside  of 
the  wall  of  such  building  to  the  injury,  annoyance,  inconven- 
ience or  damage  of  any  person  or  persons  occupying  or  doing 
business  in  any  room  or  upon  any  floor  or  floors  beneath. 

Sec.  5.  Obstructing  Sewers. — No  person  shall  deposit  or 
throw,  or  cause  to  be  deposited  or  thrown  into  any  sewer,  sewer 
inlet,  manhole,  privy  vault  or  cess  pool  which  has  a sewer  con- 
nection, any  animal  or  vegetable  substance,  or  any  hay,  straw, 
ashes,  cinders,  sticks,  shavings,  trash,  soot,  oyster  shells  or 
cans,  broken  ware,  rags,  pieces  of  iron  or  other  metal,  old 
wearing  apparel,  or  any  article  or  thing  whatsoever  that  is 
liable  to  cause  the  sewer  to  choke  up  or  otherwise  obstruct  the 
free  flow  of  water  therein. 

Sec.  6.  Slaughtering  in  City  Limits. — No  person  shall 
kill  or  slaughter  beeves,  sheep,  hogs  or  animals  within  the  lim- 
its of  the  city. 

Sec.  7.  Keeping  Animals  in  Pens,  Etc. — No  person  shall 
keep  or  cause  or  allow  or  permit  to  be  kept  on  any  premises 
occupied  by  him  or  under  his  control  any  hogs,  cattle  or  sheep 
in  a pen  or  other  enclosure,  so  that  an  offensive,  disagreeable 
or  noxious  smell  .or  odor  shall  arise  therefrom  to  the  injury, 
annoyance  or  inconvenience  of  the  neighborhood  thereof. 

Sec.  8.  Dead  Animals. — No  person  owning  or  having  in 
his  possession  the  carcass  of  any  animal  shall  the  same  be  or 


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145 


remain  in  or  upon  any  street,  avenue,  alley,  sidewalk,  park  or 
other  public  ground,  or  any  private  lot  or  place  without  at 
once  giving  notice  thereof  at  the  office  of  the  city  constable  or 
to  some  member  of  the  police  force.  Provided,  however,  that 
this  section  shall  not  apply  to  animals  killed  for  use  as  food, 
but  only  to  such  carcasses  as  may  be  found  in  any  part  of  the 
city  likely  to  decay  and  become  offensive. 

Sec.  9.  Dragging  Dead  Animals  in  Streets. — No  person 
shall  drag  or  cause  to  be  dragged  on  or  along  any  street,  alley, 
avenue  or  other  highway  of  this  city  any  carcass  of  any  ani- 
mal, except  between  the  holirs  of  ten  o’clock  p.  m.,  and  five 
o’clock  a.  m. 

Sec.  10.  Putrid  Fish,  Etc. — No  person  shall  suffer  or 
allow  any  putrid  or  unwholesome  meats  or  fish,  decayed  fruits 
or  vegetables,  refuse,  offal,  excrement,  chamber  lye  or  other 
filthy  or  offensive  substance  or  thing  to  be  or  remain  in  or  upon 
any  house,  building,  lot,  premises  owned  or  occupied  by  him, 
or  under  his  charge  and  control. 

Sec.  11.  Killing  Calf — Age , Etc. — No  person  shall  kill 
or  suffer  or  cause  to  be  killed  for  the  purpose  of  sale  any  calf 
less  than  six  weeks  old,  and  no  person  shall  sell,  offer  or  ex- 
pose for  sale  the  meat  of  any  calf  killed  when  less  than  six 
weeks  old. 

Sec.  12.  Diseased  Animal. — No  person  shall  bring  or 
cause  to  be  brought  into  the  city  of  Chillicothe,  any  diseased 
or  injured  animal  of  any  kind  that  is  usually  killed  or  slaugh- 
tered for  food,  nor  shall  any  person  bring  or  cause  to  be 
brought  into  the  city  any  carcass  or  part  of  a carcass  of  any 
animal  which  shall  have  died  of  disease  or  injury,  or  which 
shall  not  have  been  slaughtered  when  in  good  health,  and  free 
from  disease  or  injury  to  provide  food. 

Sec.  13.  Killing  or  Selling  Diseased  Animal  for  Food. — 
No  person  shall,  within  the  city,  kill  any  diseased  or  injured 
animal  with  a view  to  or  for  the  purpose  of  having  the  carcass 
dressed  or  prepared  for  food  purposes,  nor  shall  any  person 
sell  or  give  away  in  or  in  any  manner  dispose  of,  or  offer  to 
sell,  give  away  or  in  any  manner  dispose  of  or  expose  for 
sale  for  use  as  food  all  or  any  part  of,  or  any  meat  from  the 
carcass  of  any  animal  which  shall  have  died  of  disease,  or  in 
any  other  way  than  by  being  slaughtered,  when  in  good  health 
and  free  from  disease  or  injury,  to  provide  food. 

Sec.  14.  Weeds — A Nuisance. — All  growth  of  weeds  to 
a height  of  over  one  fo,ot  permitted  to  grow  by  any  owner  or 


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occupant  of  any  lot,  or  block  of  ground  or  on  any  part  of  any 
such  lot  or  block  of  ground  ; The  word  “weeds”  as  used  in  this 
section  shall  be  held  to  include  all  rank  vegetable  growth 
which  exhale  unpleasant  and  noxious  odors,  and  also  high  and 
rank  vegetable  growth  that  may  conceal  filthy  deposits. 

Sec.  15.  Shade  Trees. — All  shade  trees  or  poles  stand- 
ing inside  the  line  of  any  sidewalk  now  constructed  or  that  may 
be  hereafter  ordered  constructed  by  the  city  council  so  that 
the  tree,  or  trees,  pole  or  poles  or  any  part  of  same  obstructs 
the  sidewalk  or  any  part  thereof,  or  the  construction  of  any 
new  sidewalk  or  the  repairs  of  any  such  sidewalk.  And  the 
limbs  or  branches  of  any  such  shade  trees  that  hang  over  or 
across  any  sidewalk  or  part  thereof  so  low  as  to  interfere  with 
or  tends  to  obstruct  the  travel  on  such  sidewalk. 

Sec.  16.  Snow  and  Ice. — All  snow  or  ice  permitted  to 
remain  on  any  sidewalk  in  front  of  any  building,  lot  or  block 
or  part  thereof  by  any  owner  or  occupant  of  any  such  premises 
to  a greater  depth  than  one  inch  for  more  than  ten  hours 
after  the  same  has  fallen  or  frozen  thereon. 

Sec.  17.  Privies — All  privies  or  urinals  that  are  not  con- 
nected with  a private  or  public  sewer  in  blocks,  13,  14,  15,  19, 
20,  21,  22,  23,  30,  31,  33,  34,  37,  38,  39,  40,  41,  49,  50  and  51, 
Original  Survey  to  the  City  of  Chillicothe,  Missouri. 

Sec.  18.  Gates,  Etc. — All  gates,  doors,  shutters  or  other 
objects  that  in  opening,  swing  into  any  street,  avenue  or  alley 
or  swing  over  any  sidewalk  dr  part  thereof,  in  this  city,  are 
hereby  declared  to  be  a nuisance. 

Sec.  19.  Hog-Pens. — It  is  hereby  declared  a nuisance 
for  any  person  to  keep,  or  cause,  or  allow,  or  permit  to  be 
kept,  on  any  premises  occupied  by  him,  or  under  his  charge, 
or  control,  any  hog  or  hogs,  in  pens  or  other  enclosures,  in  the 
city  limits,  within  one  hundred  feet  of  any  dwelling  house  or 
church  or  hospital  without  the  consent  of  the  owner  or  occu- 
pant of  such  dwelling  house,  or  the  trustees  of  such  church 
or  the  superintendent  of  such  hospital. 

Sec.  20.  Nuisances — Abatement,  Etc. — The  city  may 
through  the  city  constable  or  any  of  its  police  officers  prevent, 
abate  and  remove  nuisances  on  public  or  private  property  in 
a summary  manner  at  the  cost  of  the  occupant  or  owner  of 
the  premises  where  the  nuisance  or  cause  thereof  may  be : Pro- 
vided, That  the  same  was  caused  by  the  occupant  or  owner  of 
the  premises  or  his  or  their  agent,  and  all  costs  and  expenses 


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147 


incurred  by  the  city  in  removing  or  abating  any  nuisance  on 
any  private  property  within  the  city  limits  shall  be  assessed 
against  the  occupant  or  owner,  if  caused  by  them  or  either  of 
them  or  their  agent,  and  the  same  shall  be  assessed  as  a special 
tax  against  such  private  property,  which  shall  be  a special  lien 
against  such  property  itv  same  manner  and  with  same  effect 
that  special  tax-bills  are  for  paving  streets : Provided,  how- 

ever, that  the  same  is  caused  by  the  owner  of  the  property,  or 
his  consent  is  given  thereto. 

Sec.  21.  Cost  Against  Property. — Whenever  any  nui- 
sance shall  be  abated  or  removed  as  named  in  this  ordinance 
by  the  city  constable  or  any  police  officer,  the  city  constable 
or  other  police  officer  causing  the  nuisance  to  be  abated  or  re- 
moved shall  keep  an  account  of  the  cost  and  expense  of  abat- 
ing or  removing  same  and  immediately  report  to  the  city 
council  for  assessment  against  the  property  of  the  person  main- 
taining or  causing  such  nuisance,  said  cost  or  expense.  Said 
account  shall  be  filed  with  the  city  clerk.  The  city  council 
shall  by  order  entered  of  record  direct  the  city  constable  to 
serve  a written  notice  on  the  person  who  caused  or  maintained 
such  nuisance,  to  appear  before  the  city  council  within  ten 
days  from  the  date  of  the  service  of  such  notice  and  show  why 
the  said  cost  and  expense,  so  incurred  by  the  city,  should  not 
be  levied  and  assessed  as  a special  lien  against  his  or  her  prop- 
erty as  provided  by  Section  20  of  this  ordinance ; and  on  fail- 
ure to  appear,  or  if  no  sufficient  excuse  is  shown,  in  the  judg- 
ment of  the  city  council,  the  council  shall  by  ordinance  levy 
and  assess  the  amount  of  such  cost  or  expense  against  the 
owner  of  the  property  liable  therefor  as  provided  by  said  sec- 
tion. The  notice  may  be  served  by  delivering  a copy  of  same 
to  any  such  person,  or  his  or  her  agent,  or  by  leaving  a copy 
of  same  at  the  usual  place  of  abode  of  the  person  to  whom  it 
is  addressed  with  some  member  of  his  or  her  family  over  the 
age  of  15  years. 

Sec.  22.  Penalty. — Any  person  who  shall  violate,  neg- 
lect, fail  or  refuse  to  comply  with  any  provision  of  this  ordin- 
ance shall  on  conviction  thereof  before  the  city  recorder,  be 
deemed  guilty  of  causing,  committing,  keeping,  maintaining 
or  doing  or  causing  or  permitting  to  be  committed,  caused, 
kept,  maintained  or  done  a nuisance,  and  shall  be  punished  by 
a fine  of  not  less  than  one  dollar,  nor  more  than  two  hundred 
dollars. 


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See.  23.  Separate  Offense. — Any  person  who  shall  com- 
mit, maintain,  permit  or  do,  or  shall  cause  to  be  committed, 
maintained  or  done,  any  nuisance  defined  in  this  ordinance 
shall  be  deemed  guilty  of  a separate  and  distinct  offense  under 
the  provision  hereof,  for  each  twentyTfour  hours  that  the 
same  shall  be  committed,  maintained,  permitted  or  done  or 
caused  to  be  kept,  maintained,  permitted  or  done,  shall  be  pro- 
ceeded against  as  in.  the  first  instance. 

Sec.  24.  Duty  of  Constable. — It  shall  be  and  is  hereby 
made  the  duty  of  the  city  constable  and  the  police  force  of  the 
city  to  carefully  note  and  observe  and  to  promptly  report  and 
prosecute  all  violations  of  this  ordinance. 

Sec.  25.  Right  to 'Go  on  Premises.— The  city  constable 
or  the  police  force  of  the  city  are  hereby  authorized  and  re- 
quired to  go  in  the  day  time,  in  and  upon  any  house,  building, 
lot  or  premises,  public  or  private,  for  the  purpose  of  removing 
or  abating  any  nuisance  defined  herein. 

Approved  this  the  26th  day  of  October,  1908. 

ORDINANCE  No.  15. 

An  Ordinance  Requiring  the  Wabash  Railway  Company 
and  the  Chicago,  Burlington  & Quincy  Railway  Com- 
pany to  Station,  Maintain  and  Keep  a Flagman  Dur- 
ing the  Day  and  an  Electric  Light  During  the  Night, 
Where  Tracks  of  Said  Companies  Cross  Elm  Street, 
in  the  City  of  Chillicothe,  Missouri,  Providing  a Pen- 
alty for  the  Violation  Thereof. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  Flagman  and  Electric  Light  at  Elm  Street 
Crossing. — That  the  Wabash  railway  company  and  the  Chica- 
go, Burlington  & Quincy  railway  company  shall  station,  main- 
tain, keep  a flagman,  from  7 a.  m.  to  7 p.  m.  of  each  day, 
where  the  tracks  of  said  companies  cross  Elm  street,  and  shall 
establish  an  electric  arc  light,  of  not  less  than  sixty  candle 
power,  to  be  kept  burning  during  the  night,  where  the  south 
line  of  the  Wabash  railway  company’s  right-of-way  crosses 
the  west  line  of  Elm  street,  in  the  city  of  Chillicothe,  Mis- 
souri. 

Sec.  2.  Duty  of  Flagman.— The  flagman  herein  pro- 
vided for,  shall  be  provided  with  a red  flag  or  a red  lantern,  as 
may  be  necessary,  to  be  used  as  a signal  to  trainmen  and  to 


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149 


notify  and  direct  the  attention  of  all  persons,  teamsters  and 
drivers  of  vehicles  approaching  said  railway  crossing  and  to 
give  due  and  timely  notice  and  warning  to  all  persons,  team- 
sters and  drivers  of  vehicles  of  the  approach  of  trains. 

Sec.  3.  Signal  from  Flagman,  Rate  of  Speed. — It  shall 
be  unlawful  for  either  qf  said  railway  companies  or  the  em- 
ployes, servants  or  agents  of  said  railway  companies  to  con- 
duct, run  or  operate  any  train,  car  or  locomotive  on  or  across 
said  crossing,  without  a signal  from  such  flagman  to  do  so, 
arid  when  such  signal  is  given,  or  at  any  other  time,  shall  not 
conduct,  run  or  operate  any  such  train,  car  or  locomotive  at 
a greater  rate  of  speed  than  six  miles  per  hour  over  and  across 
said  crossing. 

Sec.  4.  Penalty  as  to  Raihmy  Companies. — If  either  or 
both  of  said  railway  companies  fail  to  comply  with  any  of  the 
provisions  of  this  ordainance,  either  or  both,  as  the  case  may 
be,  shall  forfeit  and  pay  to  the  city  of  Chillicothe,  Missouri, 
the  sum  of  $10.00  for  each  and  every  day  that  either  or  both 
fail  to  so  comply,  which  amount  may  be  recovered  by  civil  ac- 
tion in  the  city  police  court  or  in  any  court  of  competent  juris- 
diction. 

Sec.  5.  Penalty  as  to  Persons. — Any  person  or  persons 
or  employes,  servants  or  agents  of  any  such  railway  companies 
violating  any  of  the  provisions  of  this  ordinance,  shall  be 
deemed  guilty  of  a misdemeanor  and  upon  conviction  thereof, 
shall  be  fined  not  less  than  ten  nor  more  than  two  hundred 
dollars,  for  each  offense. 

Passed  and  approved  this  12th  day  of  November,  1906. 

ORDINANCE  No.  16. 

An  Ordinance  Establishing  the  Fire  Limits. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  Extent  of  Fire  Limits. — All  that  part  of  the 
city  of  Chillicothe  embraced  and  comprised  in  block  20,  block 
21,  block  22,  block  31,  block  33,  block  38,  block  39,  block 

40,  block  13,  block  14,  block  15,  block  30,  block  23,  block 

41,  block  50,  block  49,  block  51,  block  34,  block  37,  block 

19,  of  the  original  survey  of  the  city  of  Chillicothe,  shall 

hereafter  be  known  and  shall  be  the  fire  limits. 

Sec.  2.  Buildings  In.—  It  shall  be  unlawful  for  any  per- 
son to  build,  construct  or  erect,  or  cause  to  be  built,  constructed 


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City  Ordinances 


or  erected  in  the  fire  limits  of  said  city,  any  shed,  house,  store, 
shop,  office  or  other  building;  except  the  same  be  built  or 
constructed  of  stone  or  brick,  or  veneered  with  brick,  except 
that  privies  and  wood  or  coal  sheds  for  such  buildings  may  be 
built  or  constructed  of  lumber,  provided  that  the  roofs  of  all 
such  buildings  shall  be  made  of  fire  proof  material. 

Sec.  3.  May  Remove  From  Place  to  Place , How. — It 
shall  be  unlawful  for  any  person  to  remove  any  wooden  or 
frame  shed,  store,  house,  office,  shop  or  other  building  into 
said  fire  limits.  And  no  person  shall  remove  any  shed,  store, 
house  or  other  building  in  said  fire  limits  from  one  lot  or 
tract  of  ground  therein,  or  from  one  place  to  another,  or  from 
any  lot  or  tract  of  ground  to  another,  without  first  being 
granted  permission  so  to  do  by  ordinance. 

Sec.  4.  Shall  Not  Repair  Frame  Buildings. — It  shall  be 
unlawful  for  any  person,  persons  or  corporation  to  repair, 
rebuild  or  enlarge  any  frame  building  or  structure  or  part 
thereof,  within  the  fire  limits,  to  the  extent  of  thirty  per  cent 
of  its  value,  without  first  being  granted  permission  so  to  do 
by  ordinance. 

Sec.  5.  Fire  Places,  Etc.,  Haze  Built. — No  person  shall 
within  this  city,  construct,  maintain  or  use  or  cause  the  same 
to  be  done,  any  fire-place,  chimney,  stove,  stovepipe,  oven, 
forge,  furnace  or  other  apparatus  used  for  the  purpose  of 
making  or  using  in  fires,  or  in  connection  therewith  in  any 
house,  building,  office,  store,  shop,  manufactory  or  other  build- 
ing, when  the  same  is  in  a dangerous  or  unsafe  condition,  and 
liable  to  promote  or  cause  fires  or  use  any  such  fire-place, 
chimney,  stove,  stovepipe,  oven,  forge,  furnace  or  any  other 
.such  appliance  without  properly  and  securely  protecting  all 
surrounding  or  contiguous  wood  work  or  other  adjacent  in- 
flammable material  with  a metalic  or  tin  covering  or  other  suit- 
able and  sufficient  protection,  so  as  to  effectually  prevent  the 
same  from  taking  fire. 

Sec.  6.  Fires  Near  Buildings. — No  person  shall  within 
this  city  set  fire  to  or  burn,  or  cause  the  same  to  be  done,  any 
hay,  straw,  shavings,  paper,  brush,  leaves,  grass,  weeds  or 
other  combustible  matter  in  any  street,  alley  or  other  thor- 
oughfare or  public  place  in  this  city,  or  upon  any  lot  or  tract 
of  land  in  this  city,  nearer  than  ten  feet  to  any  house,  barn, 
shed  or  other  building. 

Sec.  7.  Fires  in  Streets,  Etc. — No  person  shall  within 
this  city,  set  fire  to  or  burn  or  cause  the  same  to  be  done,  any 


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151 


hay,  straw,  shavings,  paper,  brush,  leaves,  grass,  weeds  or 
other  combustible  matter  between  the  hours  of  8 o’clock  p. 
m.  and  6 o’clock  a.  m.,  nor  leave  any  such  fire  burning  after  8 
o’clock  p.  m.  upon  any  street,  alley  or  lot. 

Sec.  8.  Chimneys. — No  person  shall  build,  or  cause  to 
be  built  in  this  city,  any^chimney  with  less  than  four  inches 
of  brick  or  stone  completely  imbedded  in  lime  or  mortar  and 
plastered  on  the  inside  with  a smooth  coat  of  the  same.  Holes 
for  stovepipes  shall  have  a sheet-iron  thimble  or  other  fire 
proof  material  inserted  into  the  chimney,  imbedded  in  mortar 
and  a tin  or  sheet  iron  stopper  with  a flange  at  least  one  inch 
wide  outside  of  the  brick. 

Sec.  9.  Combustible  Substance  Not  to  Be  Stacked 
Within  Fire  Limits,  Etc. — It  shall  be  unlawful  for  any  person 
to  stack  or  deposit  or  cause  the  same  to  be  done,  any  lumber, 
shingles,  lath,  boards,  wood,  boxes,  coal,  hay,  straw,  shavings, 
or  other  combustible  substance  or  material  liable  to  cause  or 
promote  fires,  in  any  building  or  upon  any  lot  or  ground 
within  the  fire  limits : Provided,  wood  or  coal  may  be  stored 

for  immediate  use  by  the  owner  or  tenant  of  such  building  or 
ground,  in  wood  or  coal  sheds  when  constructed  as  provided 
by  Section  2,  of  Ordinance  Number  16,  of  the  Revised  Ordin- 
ances of  the  city.  Nor  shall  it  be  lawful  for  any  person  to 
stack  or  deposit  hay,  straw,  shingles,  or  other  combustible 
substance  or  material,  liable  to  cause  or  promote  fires,  except 
coal  or  wood,  within  60  feet  of  any  church,  store,  dwelling 
house,  stable  or  other  building,  within  the  city  limits  and  out- 
side the  fire  limits,  without  first  having  obtained  the  written 
consent  of  all  persons  owning  or  occupying  any  of  the  build- 
ings mentioned. 

Any  person  violating  any  provisions  of  this  ordinance 
shall  be  guilty  of  a misdemeanor,  and  upon  conviction  may 
be  punished  by  a fine  of  not  more  than  one  hundred  dollars. 

Passed  and  approved  this  26th  day  of  December,  1907. 
(New  Section.) 

Sec.  10.  Care  of  Fires. — No  person  within  this  city, 
shall  have  fire  after  working  hours  in  any  shop,  store,  office, 
factory  or  other  building  or  place,  unless  the  same  be  well  se- 
cured so  that  no  building  or  other  property  may  be  endangered 
thereby ; nor  shall  any  person  leave,  or  permit  to  be  left,  any 
fire  in  any  place  within  this  city  in  an  unsafe  or  insecure  man- 
ner, nor  shall  throw  or  deposit  any  fire,  ashes  or  cinders,  con- 
taining fire,  so  as  to  endanger  any  property  or  buildings. 


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52 


Sec.  11.  Dilapidated  or  Damaged  Buildings. — If  any 
building  or  structure  or  part  thereof,’  or  anything  attached  to 
or  connected  with  any  building,  or  other  structure  in  this  city, 
shall  by  reason  of  its  construction  or  use  or  from  fire  or  decay, 
or  other  causes,  .be  dangerous  or  unsafe  so  as  to  endanger 
life  or  limb,  or  shall  be  in  such  a condition  from  decay  or 
otherwise  as  to  cause  or  promote  or  be  liable  to  cause  or  pro- 
mote fires,  it  shall  be  the  duty  of  the  city  council  to  condemn 
the  same. 

Sec.  12.  Proceedings  to  Condemn—  In  condemning  any 
such  property,  the  city  council  shall  cause  the  person,  persons 
or  corporation  in  possession  of,  or  owning  any  such  property, 
to  be  summoned  by  the  city  constable  to  appear  before  the 
city  council  at  the  time  therein  specified,  not  less  than  six  days 
from  the  time  of  the  service  of  such  summons,  to  make  any 
objections  to  such  proceedings,  such  party  or  parties  may  have, 
and  to  give  such  testimony  under  oath,  as  to  the  value  of 
such  property,  as  will  enable  the  city  council  to  arrive  at  its 
just  and  reasonable  value,  if  it  be  of  any  value,  in  its  appraise- 
ment. 

Sec.  13.  Compensation  Provided. — In  condemning  any 
such  property,  it  shall  be  the  duty  of  the  city  council  to  ap- 
praise the  same  at  its  just  and  reasonable  value,  if  it  be  of 
any  value,  and  to  provide  and  cause  compensation  to  be  paid 
to  the  owner  thereof,  in  accordance  with  such  appraisement. 

Sec.  14.  Taken  Dozen  by  Chief  of  Fire  Department. — 
After  said  property  has  been  condemned  and  appraised,  as 
aforesaid,  and  the  amount  of  such  appraisment  tendered  to  the 
owner  thereof,  it  shall  be  the  duty  of  the  chief  of  the  fire  de- 
partment to  immediately  take  down  or  remove  such  building 
or  structure,  or  any  part  thereof,  as  may  be  condemned. 

Sec.  15.  May  Remove  Such  Property  Without  Sum- 
mons or  Condemnation  Proceedings. — In  cases  where  the  pub- 
lic safety  requires  immediate  action,  the  chief  of  the  fire  de- 
partment may  enter  upon  any  such  premises  with  such  assist- 
ance as  may  be  necessary,  without  the  service  of  the  summons, 
or  without  the  property  being  condemned,  as  aforesaid,  and 
cause  such  building-  or  structure  or  any  part  thereof,  to  be 
taken  down  or  otherwise  secured  without  delay,  and  may  fence 
up  such  premises  or  take  such  other  action  as  may  be  necessary 
for  the  protection  of  the  public,  until  such  time  that  said  prop- 
erty can  be  condemned  as  hereinbefore  provided. 


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153 


Sec.  16.  Penalty. — Every  person,  persons,  or  corpora- 
tion who  shall  violate,  neglect,  fail  or  refuse  to  comply  with 
any  provision  of  this  ordinance,  shall  be  deemed  guilty  of  a 
misdemeanor  and  on  conviction  thereof,  be  fined  not  less  than 
five  nor  more  than  two  hundred  dollars. 

Passed  and  approve^  the  17th  day  of  December,  1906. 
Sec.  17.  Unlawful  to  Set  Fire  to  Hay , Straw,  Etc., 
When, — It  shall  be  unlawful  for  any  person  at  any  time  to 
set  fire  to  any  hay,  straw,  shavings,  paper,  brush,  leaves,  grass, 
weeds  or  other  combustible  material  or  substance  in  any  street, 
alley,  lane,  avenue  or  common,  or  on  any  lot,  block  or  piece 
of  ground,  unless  there  is  some  male  person  over  the  age  of 
eighteen  years  in  charge  of  such  fire,  who  shall  remain  with 
such  fire  until  it  is  entirely  burned  out  or  extinguished ; nor 
shall  any  person  set  fire  to  any  combustible  substance  or  ma- 
terials in  the  city  limits  at  any  time  when  the  wind  is  blowing 
at  a greater  rate  than  a gentle  breeze.  Provided,  it  shall  not 
be  unlawful  for  the  fire  department,  when  ordered  by  the 
mayor,  to  burn  the  accumulation  of  leaves,  grass  or  rubbish, 
when  deemed  dangerous  on  account  of  fire,  on  any  vacant  lot, 
block  or  common  or  in  the  openings  of  any  intake  to  any 
public  sewer  to  prevent  the  same  from  becoming  stopped  by 
the  accumulations  of  such  substances ; but  in  all  cases  a hose 
shall  be  attached  to  a fire  plug  before  any  such  fire  shall  be 
started  and  shall  not  be  uncoupled  therefrom  until  such  fires 
shall  have  burned  out  or  have  been  extinguished.  And  it  shall 
be  unlawful  for  any  person  to  set  on  fire  any  such  combustible 
substance  or  materials  at  any  time  after  the  mayor  shall  have 
given  notice  by  publication  in  the  daily  newspapers  of  the  city, 
warning  all  persons  not  to  set  out  fires  on  account  of  the  danger 
of  the  destruction  of  property  by  the  spreading  of  fires  be- 
cause of  the  extreme  dry  weather  or  scarcity  of  water  supply 
in  the  city,  or  because  the  water  works  is  not  furnishing,  for 
any  cause,  water  to  the  city  for  fire  protection. 

Any  person  violating  any  of  the  provisions  of  this  section 
shall,  on  convicition,  be  fined  in  a sum  not  less  than  one  nor 
more  than  two  hundred  dollars.  (New  Section.  Passed  and 
approved  the  19th  day  of  October,  1908.) 


154 


City  Ordinances 


ORDINANCE  No.  17. 

An  Ordinance  Concerning  the  Mode  of  Proceeding  in  As- 
sessing Damages  and  Benefits  Caused  by  Establish- 
ing, Opening,  Widening,  or  Altering  Any  Street,  Ave- 
nue, Alley,  Public  Ground  or  Square. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  as  fol- 
lows : 

Section  1.  Police  Judge  Shall  Empanel  a Jury. — That 
whenever  the  city  council  shall  provide  by  ordinance  for  es- 
tablishing, opening,  widening,  or  altering  any  street,  avenue, 
alley,  public  ground  or  square,  and  it  becomes  necessary  to* 
take  private  property  for  any  of  the  purposes  aforesaid,  and 
no  agreement  can  be  made  with  the  owner  or  owners  thereof, 
the  police  judge  shall  give  notice  and  cause  a jury  to  be 
empaneled  as  provided  by  Article  VI,  Sections  1 and  2,  of 
the  city  charter. 

Sec.  2.  Jury  Summons  and  Challenge. — The  police  judge 
shall  issue  a summons  directed  to  the  city  constable  command- 
ing him  to  summons  twelve  competent  jurors  to  appear  be- 
fore the  police  judge  on  a day  and  at  an  hour  therein  named. 
The  city  and  the  party  or  parties  shall  each  have  the  right  to 
three  peremptory  challenges.  Provided,  That  where  there  are 
two  or  more  parties  interested  they  shall  all  join  in  their  chal- 
lenges. When  challenges  are  made,  or  any  summoned  are 
excused  the  city  constable  shall  forthwith  summons  others  to 
fill  the  panel. 

Sec.  3.  Police  Judge  Shall  Preside , Administer  Oaths. 
— The  police  judge  shall  preside  at  the  sittings  of  such  juries 
and  administer  oaths  to  witnesses  that  may  be  produced  by 
either  pary,  and  shall  cause  subpoenas  to  be  issued  for  any 
witnesses  whose  testimony  may  be  required.  Said  subpoenas 
shall  be  served  by  the  city  constable  or,  police.  The  police 
judge  shall  have  the  power  to  adjourn  the  jury  from  day  to 
day,  but  the  jury  shall  be  discharged  within  five  days  from 
the  time  of  empaneling.  After  the  evidence  is  all  heard  by 
the  jury  if  they  shall  not  be  able  to  arrive  at  a verdict  after 
five  hours’  deliberation,  they  may  in  the  discretion  of  the  police 
judge,  be  discharged  and  a new  jury  empaneled  after  giving 
new  notices. 

Sec.  4.  Damages — How  Assessed — Verdict  of  Jury , 

Etc. — The  jury  in  assessing  damages  shall  first  ascertain  the 
actual  value  of  the  land  proposed  to  be  taken  for  opening. 


City  Ordinances 


155 


widening,  establishing  or  altering  of  any  street,  lane,  alley, 
avenue  or  public  square  without  reference  to  the  proposed  im- 
provement, then  if  the  whole  of  the  property  has  not  been  tak- 
en, the  jury  shall  ascertain  the  damages  to  the  remainder  of  the 
property  affected  by  the  opening,  widening,  establishing  or 
altering  of  such  street,  lane,  avenue  or  public  square,  and  the 
jury  shall  then  assess  against  the  owner  or  owners  of  the 
property  the  benefit  or  benefits  to  the  remainder  of  the  prop- 
erty affected  bv  the  opening,  widening,  establishing  or  altering 
such  street,  lane,  alley,  avenue  or  public  square.  If  the  amount 
assessed  for  the  actual  value  of  the  property  taken  and  the 
amount  assessed  for  damages  to  the  remainder  of  the  property, 
shall  exceed  the  sum  assessed  for  benefits  as  aforesaid,  then 
the  jury  shall  assess  such  difference  so  ascertained  against  the 
city.  If  the  amount  assessed  against  the  remainder  of  the  prop- 
erty, for  benefits  shall  exceed  the  amount  assessed  for  actual 
damage  of  the  land  taken  and  for  damage  to  the  remainder  of 
the  property,  the  difference,  if  any,  shall  be  a lien  against  the 
remainder  of  the  property,  and  shall  be  collected  as  provided  by 
ordinance.  The  verdict  of  the  jury  shall  be  made  out  in  writing 
and  signed  by  each  of  them  and  returned  to  the  police  judge.  If 
the  verdict  of  the  jury  be  set  aside  by  the  police  judge  within 
the  time  prescribed  by  the  charter,  he  shall  cause  new  notices  to 
to  be  given  and  a new  jury  to  be  empaneled  unless  directed  to 
the  contrary  by  the  city  council.  If  not  set  aside  by  the  police 
judge,  the  verdict  shall  be  reported  to  the  city  council  as  pro- 
vided for  by  Section  5,  or  Article  VI,  of  the  city  charter.  If 
the  verdict  of  the  jury  shall  not  be  confirmed  by  the  council 
within  ten  days  after  being  reported  as  aforesaid  all  the  pro- 
ceedings shall  be  void.  If  the  title  to  any  property  proposed 
to  be  condemned  be  in  controversy,  nothing  shall  be  paid 
therefor  till  the  right  to  the  money  shall  be  determined  as 
provided  by  Section  5,  of  Article  VI  of  the  city  charter : Pro- 
vided, the  city  shall  in  such  cases  not  be  liable  for  any  costs 
unless  the  city  be  one  of  the  claimants  in  such  controversy. 

(Passed  and  approved  this  19th  day  of  April,  1909.  New 
Section. ) 

Sec.  5.  Notice  Shall  Specify  Time,  Date  of  Ordinance. 
— The  notice  to  be  given  to  the  property  owners  whose  prop- 
erty is  proposed  to  be  taken  for  public  use  shall  be  in  writing, 
and  specify  date  of  ordinance  passed  by  the  city  council  in 
relation  thereto,  the  time  of  empaneling  the  jury  and  the 


City  Ordinances 


1 56 

description  of  the  property.  The  notice  shall  be  signed  by 
the  police  judge,  and  served  by  copy  by  the  city  constable 
or  some  police  officer,  on  the  property  owner  or  his  attorney, 
or  by  leaving  a copy  at  the  usual  place  of  abode  of  the  owner, 
with  some  member  of  his  family  over  the  age  of  fifteen  years. 
In  case  the  return  of  the  officer  shows  that  any  owner  or  party 
interested  is  a non-resident  of  Livingston  County,  or  cannot 
be  found  therein,  or  is  unknown,  notice  by  publication  shall 
be  made  by  the  police  judge  as  provided  by  Section  2,  of  Ar- 
ticle VI,  of  the  city  charter.  Such  notices  may  include  and 
embrace  the  names  of  all  owners  or  persons  interested  in  one 
notice. 

Sec.  6.  Assessment — A Lien — How  Collected. — All  as- 
sessments made  by  such  jury  against  any  property  shall  be  a 
lien  against  such  property  in  favor  of  the  city,  and  may  be 
collected  or  enforced  by  suit  in  the  name  of  the  city  in  any 
court  of  competent  jurisdiction. 

Sec.  7.  Either  Party  the  Right  to  Appeal. — Either  party 
shall  have  the  right  to  appeal  to  the  circuit  court  from  the 
final  judgment  within  ten  days  after  the  rendition  of  said 
judgment,  in  the  manner  provided  by  Section  8 of  Article  VI, 
of  the  city  charter.  Final  judgment  as  used  in  this  section  is 
construed  to  mean  the  confirmation  by  the  council  of  the  find- 
ing by  the  jury,  or  their  rejection  of  the  same. 

Sec.  8.  Compensation  of  Jury. — The  compensation  of 
the  jury  shall  be  one  dollar  per  day  each,  for  every  day  they 
may  be  actually  employed  as  jurors,  to  be  paid  as  other  ex- 
penses of  the  city. 

Sec.  9.  The  Verdict. — The  police  judge  shall  record  in 
a separate  book  all  ordinances  passed  by  the  city  council  in 
relation  to  the  establishing,  opening,  widening,  or  altering  any 
street,  avenue,  alley,  public  ground  or  square.  He  shall  also 
record  in  said  book,  the  verdict  of  all  juries  affirmed  by  the  city 
council,  as  well  as  all  other  proceedings  had  under  this  ordin- 
ance. 

Sec.  10.  Council  to  Order  Street  Opened. — The  city 
council  shall  after  the  filing  of  the  assessment  or  finding  of 
the  jury  and  its  confirmation,  direct  the  street  commissioner 
to  proceed  at  once,  to  open,  widen,  or  alter  any  street,  alley  or 
avenue,  public  grounds  or  square,  in  accordance  with  the  or- 
dinance passed  in  relation  thereto  as  provided  by  the  charter. 

Passed  and  approved  this  17th  day  of  December,  1906. 


City  Ordinances 


157 


ORDINANCE  No.  18. 

An  Ordinance  Establishing  a General  and  Uniform  Sys- 
tem of  Sewerage  and  Dividing  the  City  Into  Sewer 
Districts  and  Providing  for  the  Locating,  Erecting 
and  Maintaining  Public,  District  and  Private  Sewers. 

Section  1.  Be  it  Ordbined  by  the  Mayor  and  City  Coun- 
cil of  the  City  of  Chillicothe , Missouri:  Dividing  the  City  in 

Sewer  Districts , from  No.  i to  to  to  be  Known  as  Sewer  Dis- 
tricts— That  for  the  purpose  of  establishing  a general  and 
uniform  system  of  sewerage,  the  city  of  Chillicothe  is  hereby 
divided  into  the  following  districts,  to  be  known  as  sewer 
districts,  numbered  and  described  as  follows,  to-wit : 

District  No.  1.  District  number  one  shall  include  and  embrace  all 
that  portion  of  said  city  situate  and  lying  north  of  Montgomery  street 
and  east  of  the  right-of-way  of  the  Chicago,  Milwaukee  & St.  Paul 
railway  company. 

District  No.  2.  District  number  two  shall  include  and  embrace  all 
that  portion  of  said  city  wuthin  the  following  boundary,  to-wit:  Com- 

mencing at  the  northeast  corner  of  block  one  of  Comstock’s  addition  to 
the  city  of  Chillicothe,  thence  west  to  Broadway  street,  thence  south 
on  Broadway  street  to  Polk  street,  thence  west  on  Polk  street  to  Wood- 
ward street,  thence  south  on  Woodward  street  to  Herriman  street, 
thence  following  Bull  Thunder  branch  and  main  stream  sewers,  to  the 
right-of-way  of  the  Wabash  railway  company,  thence  east  along  the 
north  line  of  the  right-of-way  of  the  Wabash  railway  company  to  the 
west  line  of  the  right-of-way  of  the  Chicago,  Milwaukee  & St.  Paul 
railway,  thence  north  along  the  west  line  of  the  right-of-way  of  the 
Chicago,  Milwaukee  & St.  Paul  railway  to  the  place  of  beginning. 

District  No.  3.  District  number  three  shall  include  and  embrace 
all  that  portion  of  said  city  within  the  following  boundary,  to-wit: 
Commencing  at  the  intersection  of  Broadway  and  Tenth  streets,  thence 
wrest  on  Tenth  street  and  line  of  Tenth  street  through  to  Elm  street, 
thence  south  on  Elm  street  to  Polk  street,  thence  west  on  Polk  street 
to  Locust  street,  thence  south  on  Locust  street  to  the  right-of-way  of  the 
Hannibai  & St.  Joseph  railway,  thence  east  along  the  north  line  of  said 
right-of-way  of  the  Hannibal  & St.  Joseph  railway  to  main  channel  of 
Bull  Thunder  sewer,  thence  north  along  the  said  main  channel  of  Bull 
Thunder  sewer  to  Woodward  street,  thence  north  on  Woodward  street 
to  Polk  street,  thence  east  on  Polk  street  to  Broadway  street,  thence 
north  on  Broadway  street  to  Tenth  street  to  place  of  beginning. 

District  No.  4.  District  number  four  shall  include  and  embrace  all 
that  portion  of  said  city  within  the  following  boundary,  to-wit:  Com- 

mencing at  the  intersection  of  Polk  and  Elm  streets,  thence  west  on 
Polk  street  to  Fair  street,  thence  north  on  Fair  street  to  city  limits, 
thence  east  along  the  said  line  of  the  city  limits  to  its  intersection  with 
the  line  of  North  Elm  street  through  to  said  city  limits,  thence  south 
along  said  line  of  North  Elm  street  through  to  Polk  street  to  the  place 
of  beginning. 

District  No.  5.  District  number  five  shall  include  and  embrace  all 
that  portion  of  said  city  within  the  following  boundary,  to-wit:  Com- 

mencing at  the  intersection  of  Polk  and  Locust  streets,  thence  west  on 
Polk  street  to  city  limits,  thence  south  along  said  line  of  the  city  limits 
to  a point  on  said  line  about  two  hundred  and  fifty  feet  (250  ft.)  north 
of  the  Utica  wagon  road,  thence  east  from  said  point  on  said  city 
limits  and  parallel  with  said  Utica  wagon  road  to  east  line  of  the  old 


158 


City  Ordinances 


Cemetery  block,  thence  north  on  said  east  line  of  old  Cemetery  block  to 
Hogan  street,  thence  east  on  Hogan  street  to  Monroe  street,  thence 
north  on  Monroe  street  to  Clay  street,  thence  east  on  Clay  street  to 
Washington  street,  thence  north  on  Washington  street  to  Jackson 
street,  thence  east  on  Jackson  street  to  Locust  street,  thence  north  on 
Locust  street  to  Polk  street  to  place  of  beginning. 

District  No.  C.  District  number  six  shall  include  and  embrace  all 
that  portion  of  said  city  within  the  following  boundary,  to-wit:  Com- 

mencing at  the  intersection  of  Locust  and  Jackson  streets,  thence  west 
on  Jackson  street  to  Washington  street,  thence  south  on  Washington 
street  to  Clay  street,  thence  west  on  Clay  street  to  Monroe  street,  thence 
south  on  JVlonroe  street  to  Hogan  street,  thence  west  on  Hogan  street 
to  east  line  of  old  Cemetery  block,  thence  south  on  the  said  east  line 
of  old  Cemetery  block  to  a point  about  two  hundred  and  fifty  feet 
(250  ft.)  north  of  the  Utica  wagon  road,  thence  west  from  said  point 
and  parallel  to  said  Utica  wagon  road  to  the  city  limits,  thence  south 
along  said  line  of  city  limits  to  the  right-of-way  of  the  Hannibal  & St. 
Joseph  railway,  thence  northeasterly  along  the  said  north  line  of  the 
right-of-way  of  the  Hannibal  & St.  Joseph  railway  to  Locust  street, 
thence  north  on  Locust  street  to  Jackson  street  to  place  of  beginning. 

District  No.  i.  District  number  seven  shall  include  and  embrace 
all  that  portion  of  said  city  within  the  following  boundary,  to-wit:  All 

that  portion  of  said  city  south  of  the  right-of-way  of  the  Hannibal  & 
St.  Joseph  railway  and  west  of  High  and  Graves  streets. 

District  No.  8.  District  number  eight  shall  include  and  embrace 
all  that  portion  of  said  city  within  the  following  boundary,  to-wit:  All 

that  portion  of  said  city  lying  between  High  and  Graves  streets  on  the 
west,  and  Brunswick  street  on  the  east,  and  south  of  the  right-of-way 
of  the  Hannibal  & St.  Joseph  railway  and  extending  to  the  city  limits 
on  the  south. 

District  No.  9.  District  number  nine  shall  include  and  embrace 
all  that  portion  of  said  city  lying  east  of  Brunswick  street  and  the  line 
of  Brunswick  street  through  south  to  the  city  limits,  and  south  of  the 
right-of-way  of  the  Hannibal  & St.  Joseph  railway  company. 

District  No.  10.  District  number  ten  shall  include  and  embrace 
all  that  portion  of  said  city  lying  between  the  north  line  of  the  right- 
of-way  of  the  Hannibal  & St.  Joseph  Railway  on  the  south  and  Mont- 
gomery street  and  the  line  of  Montgomery  street  through  east  to  the 
city  limits  on  the  north  and  lying  east  of  the  right-of-way  of  the  Chi- 
cago, Milwaukee  & St.  Paul  railway. 

Sec.  2.  Sewers  Now  C onstructed  and  all  Branches,  Etc., 
Shall  be  Known  as  Public  Sewers  and  Designated  From  No. 
i to  2 5 Inclusive. — That  the  following  sewers  now  constructed 
or  hereafter  to  be  constructed  as  separate  and  distinct  sewers 
with  proper  connections  or  as  extensions  or  branches  of  sew- 
ers already  constructed,  shall  be  known  as  public  sewers,  and 
said  public  sewers  are  designated  by  number  and  description 
as  follows,  to-wit : 

No.  1.  Commencing  at  the  intersection  of  Montgomery  street  and 
Missouri  avenue,  thence  east  along  the  said  Montgomery  street  and  the 
line  of  said  street  through  to  the  city  limits. 

No.  2.  Commencing  at  the  center  of  block  two  in  Milwaukee  addi- 
tion to  the  city  of  Chillicothe,  thence  south  along  the  line  of  natural 
drainage  to  its  intersection  with  main  stream  of  Bull  Thunder  sewer 
on  Third  street. 

No*  3.  Commencing  at  the  intersection  of  Tenth  and  Eastin  streets, 
thence  south  on  Eastin  street  to  center  of  Clay  street,  thence  south- 
easterly along  the  line  of  main  drainage  of  Bull  Thunder  to  the  right- 
of-way  of  the  Wabash  railway. 


City  Ordinances 


159 

No.  4.  Commencing  at  the  intersection  of  Woodward  and  Polk 
streets,  thence  west  to  its  intersection  with  Eastin  street  sewer. 

No.  5.  Commencing  at  the  intersection  of  Locust  and  Polk  streets, 
thence  south  on  Locust  street  to  Calhoun  street,  to  its  intersection  with 
Eastin  street  sewer. 

No.  6.  Commencing  on  Webster  street  one  hundred  and  twenty 
feet  (120  ft.)  east  of  east  line  of  Locust  street,  thence  east  on  Webster 
street  to  its  intersection  with  Eastin  street  sewer. 

No.  7.  Commencing  at  Nthe  intersection  of  Locust  and  Jackson 
streets,  thence  east  on  Jackson  street  to  its  intersection  with  Eastin 
street  sewer. 

No.  S.  Commencing  at  the  intersection  of  Clay  and  Locust  streets, 
thence  east  on  Clay  street  to  its  intersection  with  Eastin  street  sewer. 

No.  9.  Commencing  at  the  intersection  of  Clay  and  Elm  streets, 
thence  south  on  Elm  street  to  Third  street,  thence  east  on  Third  street 
to  its  intersection  with  main  stream  of  Bull  Thunder  sewer  at  or  near 
the  north  end  of  Brunswick  street. 

No.  10.  Commencing  at  the  intersection  of  Polk  and  Walnut 
streets,  thence  north  on  Walnut  street  to  Spring  Hill  street,  thence  west 
on  Spring  Hill  street  to  its  intersection  with  the  line  of  natural  drain- 
age running  north. 

No.  11.  Commencing  in  Polk  street  opposite  the  alley  passing 
through  block  fourteen  in  King’s  addition  to  the  city  of  Chillicothe, 
thence  north  through  said  alley  to  the  channel  of  natural  drainage 
north  of  block  sixteen  in  King’s  addition  to  said  city. 

No.  12.  Commencing  at  the  intersection  of  Fair  and  Bryan  streets, 
thence  west  on  Bryan  street  to  the  street  one  block  west  of  Dickinson 
street,  thence  southwest  following  line  of  natural  drainage  to  the  city 
limits 

No.  13.  Commencing  at  the  intersection  of  Fair  and  Polk  streets, 
thence  west  on  Polk  street  to  Dickinson  street,  thence  south  on  Dickin- 
son street  to  its  intersection  with  the  Jackson  street  sewer. 

No.  14.  Commencing  at  a point  two  hundred  feet  (200  ft.)  south 
of  the  intersection  of  Polk  and  Washington  street,  thence  south  on 
Washington  street  to  Calhoun  streets,  thence  west  on  Calhoun  street 
to  a point  three  hundred  and  ninety-five  feet  (395  ft.)  west  of  the  center 
of  Walnut  street,  thence  in  a southwesterly  direction  following  the 
natural  drainage  to  its  intersection  with  Webster  street. 

No.  15.  Commencing  on  Webster  street  at  a point  opposite  the 
alley  in  block  twenty-one  Old  Survey  in  said  city,  thence  west  on  Web- 
ster street  to  a point  about  two  hundred  and  seventy  feet  (270  ft.)  west 
of  the  southeast  corner  of  block  twenty-five  Old  Survey  in  said  city, 
thence  in  a southwesterly  direction  to  its  intersection  with  Jackson 
street  sewer. 

No.  16.  Commencing  at  the  intersection  of  Jackson  and  Cherry 
streets,  thence  west  on  Jackson  street  to  the  main  channel  of  a branch 
or  gully,  the  same  being  a natural  drain,  thence  west  and  southwest 
along  the  line  of  said  natural  drain  to  the  city  limits. 

• No.  17.  Commencing  in  the  alley  in  block  thirty-nine  Old  Survey, 
at  a point  about  twenty  feet  (20  ft.)  south  of  the  south  line  of  Jack- 
son  street  thence  south  along  the  line  of  said  alley  to  the  line  between 
blocks  of  fifty  and  fifty-seven  Old  Survey  in  said  city,  thence  west 
along  said  line  between  said  blocks  to  the  center  of  Washington  street. 

No.  18.  Commencing  at  the  intersection  of  Clay  and  Washington 
streets,  thence  south  on  Washington  street  to  Ann  street,  thence  west 
on  Ann  street  to  Cherry  street,  thence  south  on  Cherry  street  to  Third 
street,  thence  west  on  Third  street  to  Hickory  street,  thence  south  on 
Hickory  street  to  Second  street,  thence  west  on  Second  street  to  the 
main  channel  of  a branch  running  southwesterly,  said  branch  being  a 
natural  drain,  thence  southwesterly  along  the  line  of  said  natural  drain 
to  the  city  limits. 


160 


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No.  19.  Commencing  at  the  intersection  of  Second  and  Locust 
streets,  thence  west  on  Second  street  to  Cherry  street,  thence  north  on 
Cherry  street  to  Third  street  and  there  to  connect  with  public  sewer 
number  eighteen. 

No.  20.  Commencing  at  the  intersection  of  Second  and  Washing- 
ton streets,  thence  south  on  Washington  street  to  First  street,  thence 
west  on  First  street  to  Cherry  street,  thence  south  on  Cherry  street  to 
the  right-of-way  of  the  Wabash  railway. 

No.  21.  Commencing  at  the  north  end  of  Williams  street,  thence 
south  on  Williams  street  to  Smith  street,  thence  east  on  Smith  street 
to  Graves  street,  thence  south  on  Graves  street  to  the  city  limits. 

No.  22.  Commencing  at  the  intersection  of  Curtis  and  Graves 
streets,  thence  south  on  Graves  street  to  Jameson  street,  thence  west 
on  Jameson  street  to  its  intersection  with  the  Williams  street  sewer. 

No.  23.  Commencing  at  the  intersection  of  Leeper  and  High 
streets,  thence  south  on  High  street  to  Curtis  street,  thence  east  on 
Curtis  street  to  intersect  sewer  on  Conn  street. 

No.  24.  Commencing  on  Conn  street  at  a point  one  hundred  feet 
(100  ft.)  north  of  the  southeast  corner  of  block  three  of  Conn  and 
Henry’s  addition  to  the  city  of  Chillicothe,  thence  south  on  Conn  street 
to  Lily  street,  thence  following  the  natural  drainage  to  the  city  limits. 

No.  25.  Commencing  at  the  intersection  of  Brunswick  and  Violet 
streets,  thence  west  on  Violet  street  to  Herriford  street,  thence  south 
on  Herriford  street  to  Lily  street,  thence  west  on  Lily  street  to  its 
intersection  with  Conn  . street  sewer. 

Sec.  3.  City  Council  Shall  Have  Power  to  Cause  Sewers 
to  be  Built. — That  if  at  any  time  the  council  shall  determine 
that  for  sanitary  purposes,  or  for  the  better  preservation  of 
any  street,  or  for  other  purposes,  other  public  sewers  ought 
to  be  built,  the  city  council  shall  have  power  to  cause  said 
sewers  to  be  built,  either  as  extensions  of  the  public  sewers 
herein  provided  for  or  as  separate  or  district  sewers. 

Sec.  4.  District  Sewers — Private  Sewers. — That  all 
sewers  rendered  necessary  by  water  courses  or  for  sanitary 
precautions,  or  other  local  causes  appertaining  to  any  district 
or  portion  of  said  district,  and  said  sewers  not  being  in  any 
street,  alley  or  public  grounds,  shall  be  designated  as  district 
sewers,  and  shall  be  constructed  as  hereinafter  provided,  and 
all  sewers  constructed  by  individuals  for  their  sole  and  in- 
dividual benefit,  for  the  purpose  of  draining  private  premises 
or  by  the  direction  of  the  city  council  as  a sanitary  measure, 
shall  be  designated  and  classed  as  private  sewers. 

Sec.  5.  Public  and  District  Sewers  to  be  Built  Under 
the  Supervision  of  the  Street  C ommissioner  and  City  Engi- 
neer. Work  to  be  Done  by  Contract  Let  to  Lozvest  Bidder. — 
That  all  public  and  district  sewers  to  be  built  and  constructed 
by  authority  of  this  ordinance  as  new  sewers  or  as  exten- 
sions of  sewers  already  built  and  constructed  shall  be  built 
and  constructed  under  the  supervision  of  the  street  commis- 
sioner and  city  engineer,  and  in  accordance  with  plans  and 


City  Ordinances 


161 


specifications  to  be  agreed  upon  and  adopted  by  the  city  coun- 
cil prior  to  the  making  of  any  contract  for  any  such  work, 
and  in  pursuance  of  such  plans  and  specifications;  all  work 
shall  he  done  under  contract  to  be  let  to  the  lowest  bidder  in 
accordance  with  Section  Seventeen  of  Article  Five  of  the  city 
charter.  Provided  that  said  public  sewers  hereafter  to  he 
built  shall  be  built  and  constructed  as  the  public  service  may 
require,  as  shall  be  determined  by  the  council,  and  all  costs 
for  building,  improving,  cleaning  and  repairing  said  public 
sewers  shall  be  paid  by  the  city  from  the  general  fund. 

Sec.  6.  Council  to  Cause  Sewer  to  be  Built  Whenever 
a Majority  of  the  Property  Holders  in  the  District  Shall  so 
Petition. — That  whenever  a majority  of  the  property  holders 
resident  within  a district  shall  petition  for  a district  sewer, 
or  whenever  the  city  council  shall  deem  said  sewer  necessary 
for  sanitary  or  other  purposes,  the  city  council  shall  cause  said 
sewer  to  be  built  and  constructed  within  the  limits  of  said  dis- 
trict, and  said  sewer  shall  be  of  such  dimensions  as  shall  be 
determined  by  the  city  council  and  shall  be  connected  with  a 
public  or  other  district  sewer,  and  said  sewer  shall  have  all 
necessary  laterals,  inlets  and  appurtenances  which  may  be 
required. 

Sec.  7.  City  Engineer  to  Assess  Cost  of  Work  as  a 
Special  Lien  Against  the  Lots  of  Ground  Situated  within 
Limits  of  District.  City  Auditor  to  Extend  Tax  thereon. 
To  be  Collected  as  in  Case  of  Other  Taxes. — That  upon  the 
execution  of  the  contract  for  the  construction  of  any  district 
sewer  as  herein  provided,  the  city  engineer  shall  assess  the 
cost  of  the  work,  as  determined  by  said  contract,  as  a special 
tax  against  the  lots  of  ground  situated  within  the  limits  of 
said  district  exclusive  of  improvement  in  proportion  to  the 
area  of  the  whole  district,  including  highways  and  streets, 
which  assessment  rolls,  when  * completed,  shall  be  delivered 
to  the  city  auditor,  who  shall  extend  the  tax  thereon  and  place 
the  same  in  the  hands  of  the  treasurer  for  collection  as  in  the 
case  of  other  taxes,  and  the  amount  of  money  so  raised  shall 
constitute  a special  fund,  applicable  solely  to  the  construction 
of  such  district  sewer,  and  such  assessment  shall,  when  so 
made,  constitute  a lien  on  each  lot  upon  which  it  shall  be  made, 
and  in  case  of  default  in  payment  of  such  taxes  by  any  lot 
owner  the  same  may  be  collected  in  like  manner  as  is  provided 
for  other  delinquent  taxes,  and  whenever  said  city  of  Chilli- 
cothe  shall  own  any  lot  or  lots,  within  the  limits  of  any  dis- 


162 


City  Ordinances 


trict  where  such  sewers  shall  be  constructed,  the  taxes  levied 
against  such  property  shall  be  paid  from  the  general  fund. 

Sec.  8.  Sums  Expended  for  Repairing,  Etc.,  of  Dis- 
trict Sewers.  How  Paid.  Auditor  Shall  Report  to  Coun- 
cil Each  Year  Amounts  Paid  Out.  To  be  Assessed  as  a 
Special  Sezvcr  District  Tax. — That  all  sums  of  money  nec- 
essary for  the  cleaning,  repairing  and  for  other  incidental 
expenses  of  district  sewers  shall  be  paid  from  the  general 
appropriation  for  that  purpose,  and  at  the  end  of  each  fis- 
cal year  the  auditor  shall  report  to  the  city  council  the  amounts 
paid  out  on  account  of  each  district  separately,  and  the  amount 
so  charged  to  each  sewer  district  in  proportion  to  the  assessed 
value  of  property,  shall  be  assessed  as  a special  district  sewer 
tax,  and  the  amount  thereof  charged  to  and  collected  from 
the  lot  owners  respectively,  as  an  item  in  the  general  tax  bills 
of  the  next  fiscal  year  following  the  expenditures. 

Sec.  9.  Private  Sewers  to  be  Kept  in  Order  and  Re- 
paired by  Owner— to  Connect  with  District  Sezvcr s When 
Possible. — That  all  private  sewers  and  drains  now  in  use, 
or  that  may  hereafter  be  built  and  constructed  shall  be  kept 
in  perfect  order  and  repair  by  the  owners  of  the  buildings 
or  property  which  are  drained  by  said  sewers  and  drains, 
and  said  private  sewers  shall,  when  possible,  be  connected 
with  some  district  or  public  sewer. 

Sec.  10.  Owners  of  Private  Sewers  to  Have  Consent 
of  City  Before  Connecting  With  District  or  Public  Sewer. 
Shall  Pay  City  $10  for  Connection.  Penalty  for  Violation. — 
That  the  owner  or  constructor  of  any  private  sewer  shall 
have  the  consent  of  the  city  council  before  connecting  the 
same  with  any  district  or  public  sewer,  and  shall  pay  into  the 
treasury  of  said  city  the  sum  of  ten  dollars  for  each  and  every 
private  sewer  so  connected  with  a district  or  public  sewer, 
and  any  person  or  persons  connecting  any  private  sewer  with 
any  public  or  district  sewer  shall  be  required  to  construct  the 
same  under  the  order  and  supervision  of  the  city  engineer  anc( 
he  shall  use  the  same  strictly  according  to  the  directions  of 
the  city  engineer,  made  in  writing,  and  any  person  who  shall 
construct,  or  use,  or  cause  to  be  constructed  or  used,  any 
such  private  sewer  in  a different  manner  from  that  so  ordered 
and  directed  by  the  city  engineer,  shall  be  subject  to  a fine  of 
not  less  than  five  nor  more  than  twenty-five  dollars  for  each 
and  every  offense,  and  a like  fine  for  every  day  such  viola- 
tions shall  continue  after  notice  from  the  city  engineer  to 
remove  or  reconstruct  the  same. 


City  Ordinances 


163 


See.  11.  Persons  Shall  not  Attempt  to  Make  Connection 
With  Public  or  District  Sewers  Without  Consent  of  City 
Council.  Not  to  Construct  Defective  Sewers.  Penalty  for 
Violation. — Any  person  who  shall  make  or  attempt  to  make  a 
connection  of  any  private  sewer  with  any  public  or  district 
sewer  without  the  consent  of  the  city  council  and  without 
paying  the  sum  of  ten  dollars  into  the  city  treasury,  as  pro- 
vided in  Section  No.  10  of  this  ordinance,  or  who  shall  make 
or  cause  to  be  made  a defective  private  sewer  under  any  street 
or  highway,  shall  be  deemed  guilty  of  a misdemeanor,  and 
shall  be  fined  in  a sum.  not  less  than  one  nor  more  than  fifty 
dollars. 

Sec.  12.  Repealing  Ordinance. — All  ordinances  of  the 
City  of  Chillicothe  in  relation  to  sewers  heretofore  passed 
and  approved  are  hereby  repealed.  (R.  O.  1903.) 

* 

ORDINANCE  No.  19. 

An  Ordinance  to  Establish  a City  Directrix,  or  Controll- 
ing Elevation  for  Grades,  and  Establishing 
Grades  of  Certain  Streets. 

Section  1.  Be  it  Ordained  by  the  Mayor  and  City  Coun- 
cil of  the  City  of  Chillicothe , Missouri.  Establishing  a City 
Directrix , or  Controlling  Elevation  for  Establishing  the 
Grades  of  Streets,  Alleys,  Etc. — That  a city  directrix,  or  con- 
trolling elevation  for  establishing  grades  and  heights  of  all 
streets,  alleys,  sewers,  sidewalks,  curbstones,  gutters  and  build- 
ings, public  and  private,  is  hereby  established  on  the  top  of 
the  water-table  on  the  northwest  corner  of  the  city  hall  build- 
ing, situated  on  Lot  No.  2,  Block  21,  Old  Survey;  and  that 
all  grades  shall  be  established  by  city  ordinance  at  designated 
elevations  above  or  below  said  directrix,  and  the  elevation  of 
said  directrix  is  hereby  fixed  an-d  ordained  to  be  one  hundred 
and  fifty  feet,  and  all  grades  marked  on  the  grade  maps  and 
profiles  of  the  city  of  Chillicothe,  or  named  in  any  ordinance 
thereof,  as  the  grades  of  the  intersection  of  two  streets,  shall 
have  direct  reference  to  and  shall  designate  the  relative  height 
of  the  points  where  the  center  lines  or  axis  of  said  two  streets 
intersect. 

Sec.  2.  Establishing  Grade  of  Streets,  Sewers,  Side- 
walks, Etc.,  at  Their  Intersection — Elevations,  W avertable. — 
The  grade  of  the  following  streets,  avenues  and  alleys,  at 
their  intersection,  is  hereby  established  at  the  elevation  herein 


164 


City  Ordinances 


given  in  feet,  above  or  below  tbe  city  directrix  or  controlling 
elevation  for  establishing  the  grades  and  heights  of  all  streets, 
alleys,  sewers,  sidewalks,  curbstones,  gutters  and  buildings, 
public  or  private,  which  was  heretofore  established  on  the  top 
of  the  water-table,  on  the  northwest  corner  of  the  city  hall 
building,  situated  on  Lot  Nov  two,  in  Block  No.  twenty-one, 
Old  Survey,  and  which  was  fixed  and  ordained  to  he  150  feet. 

AMANDA  STREET— 

Amanda  and  Elm,  144.4  feet 
Amanda  and  Vine,  137.75  feet. 

ANN  STREET— 

Ann  and  Walnut,  124.5  feet. 

Ann  and  Cherry,  124.2  feet. 

Ann  and  Washington,  130.93  feet. 

Ann  and  Locust,  137.0  feet. 

Ann  and  Elm,  145.0  feet. 

Ann  and  Vine,  142.0  feet. 

ASHER  STREET— 

Intersection  of  Asher  and  street  south  of  the  Hannibal  & St.  Joseph 
railroad,  121.0  feet. 

235  feet  north  of  Waples  street,  123.1  feet. 

120  feet  north  of  Waples  street,  119.0  feet. 

Intersection  of  Asher  and  Waples  streets,  114.5  feet. 

139  feet  south  of  Waples  street,  108.5  feet. 

Intersection  of  Asher  and  Curtis  streets,  103.5  feet. 

Center  of  Bargdoll  and  Jackson  streets,  136.07  feet. 

Bargdoll  and  Third  streets,  133.47  feet. 

BRIDGE  STREET— 

Intersection  of  Bridge  and  Broadway,  148.5  feet. 

200  feet  east  of  Broadway,  150.0  feet. 

West  end  of  Bridge  Street,  157.6  feet. 

East  end  of  Bridge  street,  157.7  feet. 

130  feet  v/est  of  Chicago,  Milwaukee  & St.  Paul  railway  east  line, 
149.0  feet. 

Intersection  of  Bridge  and  Commercial,  141.75  feet. 

Intersection  of  Bridge  and  Missouri  avenue,  141.0  feet. 
BROADWAY  STREET— 

City  limits,  151.0  feet. 

Intersection  of  Broadway  and  Tenth,  152.5  feet. 

Intersection  of  Broadway  and  Ninth,  159.0  feet. 

Intersection  of  Broadway  and  Polk,  157.0  feet. 

Intersection  of  Broadway  and  Bridge,  148.5  feet. 

Intersection  of  Broadway  and  Calhoun,  140.0  feet. 

Intersection  of  Broadway  and  Webster,  133.3  feet. 

Intersection  of  Broadway  and  Jackson,  126.0  feet. 

BRUNSWICK  STREET—  ] 

Intersection  of  Brunswick  and  Third,  105.5  feet. 

Intersection  of  Brunswick  and  Second,  108.0  feet. 

240  feet  south  of  center  of  Madison  street,  112.0  feet. 

280  feet  north  of  the  center  of  Madison  street,  115.0  feet. 
Intersection  of  Brunswick  and  Madison  streets,  125.0  feet. 

220  feet  south  of  Brunswick  and  Madison  streets,  126.5  feet. 
Intersection  of  Brunswick  and  Violet,  121.0  feet. 

216  feet  south  of  intersection  of  Brunswick  and  Violet,  124.5  feet. 
Intersection  of  Brunswick  and  Lily,  123.5  feet. 

Intersection  of  Brunswick  and  Ryan’s  Lane,  113.5  feet. 

BRYAN  STREET— 

Intersection  of  Bryan  and  Cemtery  Lane,  121.2  feet. 

200  feet  east  of  intersection  of  Bryan  and  Cemetery  Lane,  123.0  feet. 
450  feet  east  of  Intersection  of  Bryan  and  Cemetery  Lane,  121.0  feet. 


City  Ordinances 


165 


310  feet  west  of  Intersection  of  Bryan  and  Dickinson,  122.0  feet. 
Intersection  of  Bryan  and  Dickinson  streets,  125.5  feet. 

Intersection  of  Bryan  and  Springhill  avenue,  132.5  feet. 
Intersection  of  Bryan  and  McAnally  streets,  138.5  feet. 

Intersection  of  Bryan  and  Monroe  streets,  140.5  feet. 

Intersection  of  Bryan  and  Walnut  streets,  130.5  feet. 

Intersection  of  Bryan  and  Washington  streets,  133.0  feet. 
Intersection  of  Bryan  and  Locust  streets,  148.0  feet. 

CALHOUN  STREET—  X 

At  the  city  limits,  102.0  feet. 

100  feet  east  of  city  limits,  102.0  feet. 

380  feet  east  of  city  limits,  108.0  feet. 

210  feet  west  of  Dickinson  street,  111.0  feet. 

Intersection  of  Calhoun  and  Dickinson,  121.0  feet. 

270  feet  east  of  Dickinson  street  at  section  line,  129.0  feet. 

400  feet  east  of  Dickinson  street,  131.0  feet. 

700  feet  east  of  Dickinson  street,  129.2  feet. 

Intersection  of  Calhoun  and  Walnut,  132.5  feet. 

Intersection  of  Calhoun  and  Cherry,  138.5  feet. 

Intersection  of  Calhoun  and  Washington,  147.5  feet. 

Intersection  of  Calhoun  and  Locust,  151.3  feet. 

30  feet  east  of  center  of  Locust,  151.0  feet. 

Intersection  of  Calhoun  and  Elm,  142.6  feet. 

Intersection  of  Calhoun  and  Vine,  132.0  feet. 

Intersection  of  Calhoun  and  Eastin,  127.2  feet. 

Intersection  of  Calhoun  and  Jefferson,  144.0  feet. 

Intersection  of  Calhoun  and  Woodward,  145.0  feet. 

Intersection  of  Calhoun  and  Broadway,  140.0  feet. 

At  the  Chicago,  Milwaukee  and  St.  Paul  right-of.-way,  136.0  feet. 
CHERRY  STREET— 

Intersection  of  Cherry  and  Springhill  streets,  123.0  feet. 

Intersection  of  Cherry  and  Bryan  streets,  130.5  feet. 

Intersection  of  Cherry  and  Polk  Streets,  143.0  feet. 

185  feet  south  of  the  Intersection  of  Cherry  and  Polk  streets,  146.5 
feet. 

Intersection  of  Cherry  and  Calhoun,  138.5  feet. 

Intersection  of  Cherry  and  Webster,  139.5  feet. 

Intersection  of  Cherry  and  Jackson,  144.5  feet. 

Intersection  of  Cherry  and  Clay  30  feet  north,  144.0  feet. 
Intersection  of  Cherry  and  Clay  at  the  center,  143.0  feet. 
Intersection  of  Cherry  and  Clay  30  feet  south,  143.5  feet. 
Intersection  of  Cherry  and  Ann  120  feet  north,  124.3  feet. 
Intersection  of  .Cherry  and  Ann  at  the  center,  124.2  feet. 

Intersection  of  Cherry  and  Third,  122.8  feet. 

Intersection  of  Cherry  and  Second,  128.0  feet. 

Intersection  of  Cherry  and  First  30  feet  north,  125.0  feet. 
Intersection  of  Cherry  and  First  at  the  center,  124.75  feet. 
Intersection  of  Cherry  and  First  30  feet  south,  124.5  feet. 

210  feet  south  of  intersection  of  Cherry  and  First,  119.0  feet. 

390  feet  south  of  intersection  of  Cherry  and  First,  117.0  feet. 
CHURCH  STREET— 

At  north  end,  130.0  feet. 

130  feet  north  of  Leeper  street,  131.0  feet. 

Intersection  of  Church  and  Leeper  streets,  126.5  feet. 

150  feet  north  of  Leeper  street,  121.0  feet. 

Intersection  of  Church  and  Waples  streets,  118.5  feet. 

Intersection  of  Cherry  and  Curtis  streets,  113.0  feet. 

CLAY  STREET— 

At  the  west  end,  116.7  feet. 

200  feet  west  of  Dickinson,  115.8  feet. 

Intersection  of  Clay  and  Dickinson,  118.0  feet 
389  feet  east  of  Dickinson,  122.0  feet. 

Intersection  of  Clay  and  Monroe,  137.0  feet. 

Intersection  of  Clay  and  Walnut,  141.6  feet. 


166 


City  Ordinances 


Intersection  of  Clay  and  Cherry,  143.5  feet. 

Intersection  of  Clay  and  Washington,  142.5  feet. 

Intersection  of  Clay  and  Locust,  145.0  feet. 

Intersection  of  Clay  and  Elm,  139.5  feet. 

' Intersection  of  Clay  and  Vine,  129.5  feet. 

Intersection  of  Clay  and  Eastin  (west  side),  116.0  feet. 

Intersection  of  Clay  and  Martin,  116.0  feet. 

140  feet  west  of  Woodward,  121.5  feet. 

Intersection  of  Clay  and  Woodward,  120.5  feet. 

260  feet  east  of  Woodward,  119.0  feet. 

360  feet  east  of  Woodward,  121.0  feet. 

East  end,  132.0  feet. 

COMMERCIAL  STREET. 

Intersection  of  Commercial  and  Bridge,  141.75  feet. 

Intersection  of  Commercial  and  Montgomery,  145.5  feet. 
Intersection  of  Commercial  and  Jackson,  143.5  feet. 

CONN  STREET— 

Intersection  of  Conn  and  Primrose,  111.7  feet. 

240  feet  south  of  the  intersection  of  Conn  and  Primrose,  101.0  feet. 
370  feet  south  of  the  intersection  of  Conn  and  Primrose,  100.0  feet. 
Intersection  of  Conn  and  Waples,  101.0  feet. 

Intersection  of  Conn  and  Violet,  99.0  feet. 

230  feet  south  of  intersection  of  Conn  and  Violet,  97.0  feet. 
Intersection  of  Conn  and  Lily,  90.5  feet. 

COOPER  STREET— 

Intersection  of  Cooper  and  Dickinson,  120.0  feet. 

270  feet  east  of  Dickinson,  130.5  feet. 

600  feet  west  of  Walnut,  139.5  feet. 

273  feet  west  of  Walnut,  137.5  feet. 

Intersection  of  Cooper  and  Walnut,  140.5  feet. 

COWGILL  STREET— 

At  Hannibal  & St.  Joseph  railroad  track,  105.0  feet. 

Intersection  of  Cowgill  and  Waples  streets,  111.0  feet. 

354  feet  south  of  Waples,  121.5  feet. 

Intersection  of  Cowgill  and  Jameson,  122.0  feet. 

Intersection  of  Cowgill  and  South,  115.0  feet. 

CURTIS  STREET— 

Intersection  of  Curtis  and  Graves,  129.2  feet. 

Intersection  of  Curtis  and  High,  127.0  feet. 

Intersection  of  Curtis  and  Church,  113.0  feet. 

Intersection  of  Curtis  and  Asher,  103.5  feet. 

Intersection  of  Curtis  and  Liberia,  104.5  feet. 

DICKINSON  STREET— 

Intersection  of  Dickinson  and  Bryan,  125.5  feet. 

Intersection  of  Dickinson  and  Polk,  122.0  feet. 

Intersection  of  Dickinson  and  Cooper,  120.0  feet. 

Intersection  of  Dickinson  and  Calhoun,  120.5  feet. 

139  feet  north  of  Webster,  120.5  feet. 

Intersection  of  Dickinson  and  Webster,  118.0  feet. 

30  feet  south  of,  117.5  feet. 

50  feet  north  of  the  center  of  Jackson,  105.5  feet. 

50  feet  south  of  the  center  of  Jackson,  105.5  feet. 

Intersection  of  Dickinson  and  Clay,  118.0  feet. 

259  feet  south  of  intersection  of  Dickinson  and  Clay,  129.0  feet. 

377  feet  south  of  intersection  of  Dickinson  and  Clay,  131.0  feet. 

501  feet  north  of  Third  street,  129.5  feet. 

Intersection  of  Dickinson  and  Third,  114.0  feet. 

EASTIN  STREET— 

At  the  city  limits,  157.0  feet. 

Intersection  of  Eastin  and  Tenth,  153.6  feet. 

Intersection  of  Eastin  and  Ninth.  142.0  feet. 

183  feet  south  of  Ninth,  136.0  feet. 

Intersection  of  Eastin  and  Polk,  133.0  feet. 


i 


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167 


Intersection  of  Eastin  and  Mechanic,  129.8  feet. 

Intersection  of  Eastin  and  Calhoun,  127.2  feet. 

Intersection  of  Eastin  and  Webster,  123.4  feet. 

Intersection  of  Eastin  and  Jackson,  119.7  feet. 

Intersection  of  Eastin  and  Clay,  116.0  feet. 

EDGERTON  STREET— 

Intersection  of  Edgerton  and  Herriman,  113.0  feet. 

Intersection  of  Edgerton  and  Third,  106.0  feet. 

ELM  STREET—  ^ 

At  the  city  limits  north,  146.0  feet. 

267  feet  north  of  Ninth,  145.0  feet. 

Intersection  of  Elm  and  Ninth,  152.0  feet. 

186  feet  south  of  Ninth,  153.0  feet. 

Intersection  of  Polk  and  Elm,  150.8  feet. 

273  feet  north  of  Calhoun,  144.5  feet. 

Intersection  of  Elm  and  Calhoun,  142.6  feet. 

Intersection  of  Elm  and  Webster,  144.5  feet. 

23  feet  south  of  Webster,  144.0  feet. 

Intersection  of  Elm  and  Jackson,  138.0  feet. 

Intersection  of  Elm  and  Clay,  139.5  feet. 

Intersection  of  Elm  and  Amanda,  144.4  feet. 

Intersection  of  Elm  and  Ann,  145.0  feet. 

Intersection  of  Elm  and  Third,  142.5  feet. 

Intersection  of  Elm  and  Second,  133.2  feet. 

Intersection  of  Elm  and  First,  124.0  feet. 

A.t  the  Wabash  Railway  Company’s  main  track,  123.0  feet. 

FIRST  STREET- 

262  feet  west  of  Hickory,  119.3  feet. 

Intersection  of  First  and  Hickory,  121.5  feet. 

Intersection  of  First  and  Walnut,  127.0  feet. 

Intersection  of  First  and  Cherry,  124.75  feet. 

Intersection  of  First  and  Washington,  128.5  feet. 

Intersection  of  First  and  Locust,  132.5  feet. 

Intersection  of  First  and  Elm,  124.0  feet. 

Intersection  of  First  and  Vine,  123.5  feet. 

GALE  STREET— 

Intersection  of  Gale  and  Martin,  113.0  feet. 

Intersection  of  Gale  and  Woodward,  117.5  feet. 

GRAVES  STREET— 

Intersection  of  Graves  and  Leeper,  124.0  feet. 

Intersection  of  Graves  and  Waples,  126.8  feet. 

Intersection  of  Graves  and  Waples  (east  side),  127.0  feet. 
Intersection  of  Graves  and  Curtis  (west  side),  129.2  feet. 
Intersection  of  Graves  and  Jameson,  122.15  feet. 

Intersection  of  Graves  and  South,  114.4  feet. 

Intersection  of  Graves,  at  city  limits,  113.0  feet. 

HENRY  STREET— 

At  the  north  end  on  Hannibal  & St.  Joseph  railway  line,  125.5  feet. 
Intersection  of  Henry  and  Madison,  121.5  feet. 

Intersection  of  Henry  and  Primrose  (west  side),  117.7  feet. 
Intersection  of  Henry  and  Primrose  (east  side),  120.0  feet. 

210  feet  south  of  Primrose,  112.0  feet. 

Intersection  of  Henry  and  Violet,  105.0  feet. 

210  feet  south  of  Violet,  100.0  feet. 

Intersection  of  Henry  and  Lily  (west  side),  100.0  feet. 

Intersection  of  Henry  and  Lily  (east  side),  100.8  feet. 

359  feet  south  of  Lily,  114.0  feet. 

HERRIFORD  STREET— 

Intersection  of  Herriford  and  Third,  118.4  feet. 

Intersection  of  Herriford  and  Second,  120.8  feet. 

At  main  track  of  Wabash  railway  company,  118.9  feet. 

At  Hannibal  & St.  Joseph  railway  main  track,  122.6  feet. 

Intersection  of  Herriford  and  Madison,  129.0  feet. 


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168 


Intersection  of  Herriford  and  Primrose,  125.0  feet. 

Intersection  of  Herriford  and  Violet,  111.5  feet. 

150  feet  north  of  Lily,  113.5  feet. 

Intersection  of  Herriford  and  Lily,  111.5  feet. 

HERRIMAN  STREET— 

At  west,  135.0  feet. 

Intersection  of  Herriman  and  Hill,  124.9  feet. 

Intersection  of  Herriman  and  Unknown,  120.5  feet. 

Intersection  of  Herriman  and  Martin,  114.4  feet. 

311  feet  west  of  Woodward,  104.0  feet. 

Intersection  of  Herriman  and  Woodward,  111.3  feet. 

Intersection  of  Herriman  and  Edgerton,  113.0  feet. 

202  feet  east  of  Edgerton,  120.8  feet. 

Intersection  of  Herriman  and  Jourdan,  126.0  feet. 

Intersection  of  Herriman  and  Bargdoll,  136.0  feet. 

Intersection  of  Herriman  and  Paul,  130.5  feet. 

Intersection  of  Herriman  and  Collier,  130.0  feet. 

Intersection  of  Herriman  and  city  limits,  130.5  feet. 

HICKORY  STREET— 

Intersection  of  Hickory  and  Third,  109.5  feet. 

Intersection  of  Hickory  and  Second,  109.0  feet. 

Intersection  of  Hickory  and  First,  121.5  feet. 

300  feet  south  of  First,  113.0  feet. 

HIGH  STREET— 

Intersection  of  High  and  Leeper,  133.0  feet. 

Intersection  of  High  and  Waples,  131.0  feet. 

Intersection  of  High  and  Curtis,  127.0  feet. 

HILL  STREET— 

Intersection  of  Hill  and  Herriman,  124.9  feet. 

Intersection  of  Hill  and  Wise,  130.75  feet. 

Intersection  of  Hill  and  Third,  130.5  feet. 

JACKSON  STREET — East  of  C.  M.  & St.  P.  Railroad  Line — 

At  the  Chicago,  Milwaukee  & St.  Paul  right-of-way,  east  line,  136.0 
feet. 

Intersection  of  Jackson  and  Commercial,  143.5  feet. 

Intersection  of  Jackson  and  Paul,  143.5  feet. 

205  feet  east  of  Commercial,  143.5  feet. 

Intersection  of  Jackson  and  Missouri  avenue,  137.5  feet. 

JACKSON  STREET — West  of  Railroad— 

543  feet  west  of  Dickinson,  99.0  feet. 

276  feet  west  of  Dickinson,  100.35  feet. 

Intersection  of  Jackson  and  Dickinson,  105.5  feet. 

450  feet  east  of  Dickinson,  111.9  feet. 

Intersection  of  Jackson  and  Monroe,  125.0  feet. 

Intersection  of  Jackson  and  Walnut,  135.0  feet. 

Intersection  of  Jackson  and  Cherry,  144.5  feet. 

Intersection  of  Jackson  and  Cherry  (west  side),  148.0  feet. 
Intersection  of  Jackson  and  Washington  (west  side),  144.5  feet. 
Intersection  of  Jackson  and  Washington  (east  side)  148.0  feet. 
Intersection  of  Jackson  and  Locust  (east  side),  144.5  feet. 
Intersection  of  Jackson  and  Elm,  138.0  feet. 

Intersection  of  Jackson  and  Vine,  120.0  feet. 

215  feet  east  of  Vine,  124.0  feet. 

Intersection  of  Jackson  and  Eastin,  110.7  feet. 

235  feet  west  of  Jefferson,  127.0  feet. 

Intersection  of  Jackson  and  Jefferson,  128.75  feet. 

Intersection  of  Jackson  and  Woodward,  130.5  feet. 

Intersection  of  Jackson  and  Broadway  126.0  feet. 

150  feet  east  of  Broadway,  127.0  feet. 

West  line  of  Chicago,  Milwaukee  & St.  Paul  Railroad  right-of-way, 
130.0  feet. 

JAMESON  STREET- 

300  feet  west  of  Samuel  street,  103.0  feet. 


City  Ordinances 


169 


Intersection  of  Jameson  and  Samuel,  117.0  feet. 

Intersection  of  Jameson  & Cowgill,  122.0  feet. 

Intersection  of  Jameson  and  Williams,  122.0  feet. 

Intersection  of  Jameson  and  Graves,  122.15  feet. 

JEFFERSON  STREET— 

Intersection  of  Jefferson  and  Polk,  150.0  feet. 

300  feet  south  of  intersection  of  Jefferson  and  Polk,  150.00  feet 
Intersection  of  Jefferson  and  Calhoun,  144.0  feet 
Intersection  of  Jefferson  and  Webster,  135.75  feet 
Intersection  of  Jeffersqn  and  Jackson,  128.75  feet. 

JOURDAN  STREET— 

Intersection  of  Jourdan  and  Herriman,  126.0  feet. 

Intersection  of  Jourdan  and  Third,  121.0  feet. 

LEEPER  STREET— 

Intersection  of  Leeper  and  Graves,  124.0  feet. 

Intersection  of  Leeper  and  Washington,  131.0  feet. 

Intersection  of  Leeper  and  High,  133.0  feet. 

Intersection  of  Leeper  and  Church,  126.5  feet. 

LIBERIA  STREET— 

Intersection  of  Liberia  street  and  the  street  south  and  along 
Hannibal  & St.  Joseph  railroad  depot  grounds,  113.0  feet. 

100  south  of  the  above,  108.0  feet. 

100  south  of  above,  107.0  feet. 

100  south  of  above,  10S.0  feet. 

200  south  of  above,  111.0  feet. 

Intersection  of  Liberia  and  Waples,  110.0  feet. 

Intersection  of  Liberia  and  Curtis,  104.5  feet. 

LILY  STREET— 

Intersection  of  Lily  and  Brunswick,  123.5  feet. 

Intersection  of  Lily  and  Herriford,  111.5  feet. 

Intersection  of  Lily  and  Henry,  (north  side),  100.0  feet. 

Intersection  of  Lily  and  Conn,  90.5  feet. 

West  end  quarter  section  line,  93.5  feet. 

MC ANN ALLEY  STREET- 

213  feet  north  of  Springhill  street,  130.0  feet. 

Intersection  of  McAnnalley  and  Springhill,  136.0  feet. 

Intersection  of  McAnnalley  and  Bryan,  138.5  feet. 

Intersection  of  McAnnalley  and  Polk,  137.0  feet. 

MADISON  STREET— 

West  end  on  quarter  section  line,  115.0  feet. 

Intersection  of  Madison  and  Henry,  121.5  feet. 

Intersection  of  Madison  and  Herriford,  129.0  feet. 

Intersection  of  Madison  and  Brunswick,  125.0  feet. 

MANSUR  AND  SOUTH  MONROE  STREETS— 

Intersection  of  Monroe  and  Jackson,  125.9  feet. 

Intersection  of  Monroe  and  Clay,  137.0  feet. 

303  feet  south  of  Clay,  136.5  feet. 

West  of  above  point  on  Mansur  street,  135.5  feet. 

400  feet  south  or  341  feet  north  of  Third,  119.0  feet. 

Intersection  of  Madison  and  Third,  110.22  feet. 

MAPLE  STREET- 

141  feet  north  of  Tenth,  151.0  feet. 

Intersection  of  Maple  and  Tenth,  150.0  feet. 

Intersection  of  Maple  and  Ninth,  145.0  feet. 

Intersection  of  Maple  and  Polk,  141.2  feet. 

MARTIN  STREET— 

Intersection  of  Clay  and  Martin,  116.0  feet. 

Intersection  of  Martin  and  Gale,  113.0  feet. 

163  feet  south  of  Gale,  110.8  feet. 

Intersection  of  Martin  and  Herriman,  114.4  feet. 

Intersection  of  Martin  and  Wise,  120.5  feet. 

Intersection  of  Martin  and  Third,  124.5  feet. 


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City  Ordinances 


MECHANIC  STREET— 

At  the  west  end,  134.0  feet. 

West  side  of  Eastin  street,  129.8  feet. 

MILWAUKEE  AVENUE— 

Intersection  of  Chicago  & Milwaukee,  117.0  feet. 

Intersection  of  Milwaukee  & St.  Paul,  114.0  feet. 

Intersection  of  Milwaukee  & Mitchell,  116.0  feet. 

MISSOURI  AVENUE— 

Intersection  of  Missouri  and  Polk,  137.5  feet. 

Intersection  of  Missouri  and  Bridge,  141.0  feet. 

250  feet  south  of  Bridge  street,  147.0  feet. 

Intersection  of  Missouri  and  Montgomery,  149.0  feet. 

240  feet  south  of  Montgomery,  145.5 
Intersection  of  Missouri  and  Jackson,  137.5  feet. 
MONTGOMERY  AVENUE— 

West  end  of  C.  M.  & St.  P.  right-of-way,  141.0  feet. 
Intersection  of  Montgomery  and  Commercial,  145.5  feet. 
Intersection  of  Montgomery  and  Missouri,  149.0  feet. 
MONROE  STREET- 

205  feet  north  of  Springhill  street,  130.5  feet. 

Intersection  of  Monroe  and  Springhill,  135.0  feet. 
Intersection  of  Monroe  and  Bryan,  140.5  feet. 

Intersection  of  Monroe  and  Polk,  144.0  feet. 

NINTH  STREET— 

Intersection  of  Ninth  and  Locust,  146.15  feet. 

Intersection  of  Ninth  and  Elm,  152.0  feet. 

Intersection  of  Ninth  and  Vine,  153.5  feet. 

Intersection  of  Ninth  and  Trenton,  169.6  feet. 

Intersection  of  Ninth  and  Eastin,  142.0  feet. 

Intersection  of  Ninth  and  Maple,  145.0  feet. 

Intersection  of  Ninth  and  Oak,  154.5  feet. 

Intersection  of  Ninth  and  Broadway,  159.0  feet. 

LOCUST  STREET— 

City  limits,  north  end,  130.0  feet. 

78  feet  south  of  the  above,  131.0  feet. 

Intersection  of  Locust  and  Springhill  streets,  139.5  feet. 
Intersection  of  Locust  and  Ninth,  146.15  feet. 

Intersection  of  Locust  and  Bryan,  148.0  feet. 

Intersection  of  Locust  and  Polk,  154.0  feet. 

Intersection  of  Locust  and  Calhoun,  151.3  feet. 

Intersection  of  Locust  and  Webster,  (north  side),  150.7  feet. 
Intersection  of  Locust  and  Webster,  (south  side),  150.7 
Intersection  of  Locust  and  Jackson,  (north  side)  144.5  feet. 
Intersection  of  Locust  and  Jackson,  (south  side),  144.5  feet. 
Intersection  of  Locust  and  Clay,  145.0  feet. 

165  feet  south  of  center  of  Clay,  144.  9 feet. 

,345  feet  south  of  center  of  Clay,  142.5  feet. 

Intersection  of  Locust  and  Ann,  137.0  feet. 

Intersection  of  Locust  and  Third,  140.0  feet. 

Intersection  of  Locust  and  Second,  137.5  feet. 

Intersection  of  Locust  and  First,  132.5  feet. 

298  feet  south  of  First,  133.5  feet. 

OAK  STREET— 

North  end  of  city  limits,  156.5  feet. 

Intersection  of  Tenth  and  Oak,  154.0  feet. 

Intersection  of  Ninth  and  Oak,  154.5  feet. 

PAUL  STREET— 

Intersection  of  Paul  and  Jackson,  143.5  feet. 

340  feet  south  of  Jackson,  144.5  feet. 

Intersection  of  Paul  and  Herriman,  130.5  feet. 


City  Ordinances 


171 


POLK  STREET— 

West  end,  road  to  cemetery,  110.0  feet. 

417  feet  east  of  the  above,  114.0  feet. 

286  feet  west  of  Dickinson,  119.5  feet. 

Intersection  of  Polk  and  Dickinson,  122.0  feet. 

Intersection  of  Polk  and  Springhill  avenue,  129.5  feet. 
Intersection  of  Polk  and  McAnalley,  137.0  feet. 

Intersection  of  Polk  and  Monroe,  144.0  feet. 

Intersection  of  Polk  and\  Walnut,  147.0  feet. 

Intersection  of  Polk  and  Cherry,  143.0  feet. 

Intersection  of  Polk  and  Washington,  145.0  feet. 

Intersection  of  Polk  and  Locust,  154.0  feet. 

Intersection  of  Polk  and  Elm,  150.8  feet. 

Intersection  of  Polk  and  Vine,  144.8  feet. 

Intersection  of  Polk  and  Trenton,  142.0  feet. 

Intersection  of  Polk  and  Eastin  (west  side),  133.0  feet. 
Intersection  of  Polk  and  Eastin  (east  side),  133.0  feet. 
Intersection  of  Polk  and  Maple,  141.2  feet. 

Intersection  of  Polk  and  Jefferson,  150.0  feet. 

Intersection  of  Polk  and  Woodward,  157.5  feet. 

Intersection  of  Polk  and  Broadway,  157.0  feet. 

PRIMROSE  STREET— 

West  end  of  quarter  section  line,  110.0  feet. 

Intersection  of  Primrose  and  Conn,  111.7  feet. 

Intersection  of  Primrose  and  Henry  (north  side),  117.7  feet. 
Intersection  of  Primrose  and  Henry  (south  side),  120.0  feet. 
Intersection  of  Primrose  and  Herriford,  125.0  feet. 

RYAN  STREET— 

Intersection  of  Ryan  and  Third,  129.0  feet. 

Intersection  of  Ryan  and  Second,  130.5  feet. 

276  feet  south  of  Second,  132.0  feet. 

ST.  PAUL  AVENUE- 

156  feet  north  of  Second,  129.0  feet. 

Intersection  of  St.  Paul  and  Second,  126.5  feet. 

Intersection  of  St.  Paul  and  Milwaukee,  114.0  feet. 

130  feet  south  of  Milwaukee,  108.0  feet. 

220  feet  south  of  Milwaukee,  106.0  feet. 

SAMUEL  STREET— 

North  end  of  H.  & St.  J.  R.  R.  right-of-way,  102.0  feet. 

300  feet  north  of  Jameson  street,  113.5  feet. 

138  feet  north  of  Jameson  street,  118.0  feet. 

Intersection  of  Samuel  and  Jameson,  117.0  feet. 

Intersection  of  Samuel  and  South,  114.5  feet. 

SECOND  STREET- 

265  feet  west  of  Hickory,  101.5  feet. 

Intersection  of  Hickory  and  Second,  109.0  feet. 

Intersection  of  Second  and  Walnut,  122.0  feet. 

Intersection  of  Second  and  Cherry,  128.0  feet. 

Intersection  of  Second  and  Washington,  135.0  feet. 
Intersection  of  Second  and  Locust,  137.5  feet. 

Intersection  of  Second  and  Elm,  133.2  feet. 

Intersection  of  Second  and  Vine,  131.0  feet. 

Intersection  of  Second  and  Slack,  133.0  feet. 

Intersection  of  Second  and  Ryan,  130.5  feet. 

Intersection  of  Second  and  Herriford,  120.8  feet. 

Intersection  of  Second  and  Brunswick,  108.0  feet. 

For  R.  R.  Under  Crossing — 

240  feet  east  of  Brunswick,  100.0  feet. 

260  feet  east  of  Brunswick,  100.0  feet. 

820  feet  east  of  Brunswick,  100.0  feet. 

20  feet  east  of  C.  M.  & St.  P.  main  track,  118.0  feet. 


172 


City  Ordinances 


For  R.  R.  grade  crossing — 

370  feet  east  of  Brunswick,  100.0  feet. 

Tops  of  C.  M.  & St.  P.  tracks,  131.0  feet. 

269  feet  west  of  St.  Paul  avenue,  128.0  feet. 

109  feet  west  of  St.  Paul  avenue,  127.7  feet. 

Intersection  of  Second  and  St.  Paul  avenue,  126.5  feet. 

Intersection  of  Second  and  Mitchell,  117.0  feet. 

SLACK  STREET— 

Intersection  of  Slack  and  Third,  135.0  feet. 

Intersection  of  Slack  and  Second,  133.0  feet. 

Top  of  Wabash  Railway  Company’s  track,  223.8  feet. 

SOUTH  STREET- 

200  feet  west  of  Samuel,  111.5  feet. 

305  feet  west  of  Samuel,  112.5  feet. 

Intersection  of  South  and  Samuel,  114.5  feet. 

165  feet  east  of  Samuel,  116.25  feet. 

Intersection  of  South  and  Cowgill,  145.0  feet. 

Intersection  of  South  and  Williams,  112.5  feet. 

165  feet  east  of  Williams,  115.5  feet. 

Intersection  of  South  and  Graves,  114.4  feet. 

SPRINGH1LL  AVENUE— 

At  north  end  city  limits,  128.0  feet. 

Intersection  of  Springhill  street  and  Springhill  street,  133.0  feet. 
Intersection  of  Springhill  street  and  Bryan,  132.5  feet. 

Intersection  of  Springhill  street  and  Polk  street,  129.5  feet. 
SPRINGHILL  STREET— 

Intersection  of  Springhill  avenue  and  Springhill  street,  133.0  feet. 
Intersection  of  Springhill  avenue  and  McAnnalley,  136.0  feet. 
Intersection  of  Springhill  avenue  and  Monroe,  135.0  feet. 
Intersection  of  Springhill  avenue  and  Walnut,  129.0  feet. 

160  feet  west  of  Cherry,  129.0  feet. 

Intersection  of  Springhill  and  Cherry,  123.0  feet. 

Intersection  of  Springhill  and  Washington,  131.0  feet. 

Intersection  of  Springhill  and  Locust,  139.5  feet. 

TENTH  STREET— 

Intersection  of  Tenth  and  Trenton,  156.0  feet. 

Intersection  of  Tenth  and  Eastin,  153.6  feet. 

Intersection  of  Tenth  and  Maple,  150.0  feet. 

Intersection  of  Tenth  and  Oak,  154.0  feet. 

Intersection  of  Tenth  and  Broadway,  152.5  feet. 

THIRD  STREET— 

West  end,  101.2  feet. 

210  feet  east  of  west  end,  100.5  feet. 

130  feet  east  of  the  above,  103.0  feet. 

332  feet  west  of  Dickinson,  115.7  feet. 

Intersection  of  Third  and  Dickinson,  114.0  feet. 

Intersection  Third  and  Wilson,  111.84  feet. 

Intersection  of  Third  and  Mansur,  110.22  feet. 

' Intersection  of  Third  and  Hickory,  109.52  feet. 

Intersection  of  Third  and  Walnut,  113.0  feet. 

Intersection  of  Third  and  Cherry,  122.8  feet. 

Intersection  of  Third  and  Washington,  133.0  feet. 

Intersection  of  Third  and  Locust,  140.0  feet. 

Intersection  of  Third  and  Elm,  142.5  feet. 

Intersection  of  Third  and  Vine,  141.5  feet. 

Intersection  of  Third  and  Slack,  135.0  feet. 

Intersection  of  Third  and  Hill,  130.5  feet. 

Intersection  of  Third  and  Ryan,  129.0  feet. 

Intersection  of  Third  and  Martin,  124.5  feet. 

Intersection  of  Third  and  Herriford,  118.4  feet. 

Intersection  of  Third  and  Brunswick,  105.5  feet. 

132  feet  east  of  Brunswick,  102.0  feet. 

Intersection  of  Third  and  Egerton,  106.0  feet. 


City  Ordinances 


173 


Intersection  of  Third  and  Jourdan,  121.0  feet. 

Chicago,  Milwaukee  & St.  Paul  right-of-way,  south  side,  131.5  feet. 
64  feet  east  of  Chicago,  Milwaukee  & St.  Paul  main  track,  Bargdoil 
street,  133.75  feet. 

200  feet  east  of  Chicago,  Milwaukee  & St.  Paul  railroad  track, 
Bargdoil  street,  134.0  feet. 

400  feet  east  of  Chicago,  Milwaukee  & St.  Paul  railroad,  128.0  feet. 
600  feet  east  of  Chicago,  & St.  Paul  railroad,  119.0  feet. 

East  line  at  range  line,  111.2  feet. 

TRENTON  STREET—  i 

Intersection  of  Trenton  and  Tenth,  156.0  feet. 

Intersection  of  Trenton  and  Ninth,  149.6  feet. 

Intersection  of  Trenton  and  Polk,  142.0  feet. 

VINE  STREET—  ; ‘ j 

At  the  north  end  of  Vine  street,  152.5  feet.  * | 

Intersection  of  Vine  and  Ninth,  153.5  feet.  ! 

Intersection  of  Vine  and  Polk,  144.8  feet. 

Intersection  of  Vine  and  Calhoun,  132.0  feet. 

Intersection  of  Vine  and  Webster,  133.0  feet. 

Intersection  of  Vine  and  Jackson,  129.0  feet.  1 

Intersection  of  Vine  and  Clay,  129.5  feet. 

Intersection  of  Vine  and  Ann,  142.0  feet. 

188  feet  south  of  Ann,  143.0  feet. 

Intersection  of  Vine  and  Wise,  142.5  feet. 

Intersection  of  Vine  and  Third,  141.5  feet. 

Intersection  of  Vine  and  Second,  131.0  feet. 

Intersection  of  Vine  and  First,  123.5  feet. 

VIOLET  STREET— 

Intersection  of  Conn  and  Violet,  99.0  feet. 

30  feet  east,  east  side  of  Conn,  99.0  feet. 

130  feet  east  of  center  of  Conn,  100.5  feet. 

Intersection  of  Violet  and  Henry,  105.0  feet. 

Intersection  of  Violet  and  Herriford,  111.5  feet. 

Intersection  of  Violet  and  Brunswick,  121.0  feet. 

WALNUT  STREET- 

170  feet  north  of  Springhill  street,  125.0  feet. 

Intersection  of  Walnut  and  Springhill  streets,  129.0  fe,et. 
Intersection  of  Walnut  and  Bryan,  140.0  feet. 

Intersection  of  Walnut  and  Polk,  147.0  feet. 

Intersection  of  Walnut  and  Cooper,  140.5  feet. 

Intersection  of  Walnut  and  Calhoun,  132.5  feet. 

Intersection  of  Walnut  and  Webster,  131.0  feet. 

Intersection  of  Walnut  and  Jackson,  135.0  feet. 

Intersection  of  Walnut  and  Clay,  141.6  feet. 

180  feet  south  of  Clay,  141.0  feet. 

Intersection  of  Walnut  and  Ann,  124.5  feet. 

Intersection  of  Walnut  and  Third,  113.0  feet. 

Intersection  of  Walnut  and  Second,  122.0  feet. 

Intersection  of  Walnut  and  First,  127.0  feet. 

360  feet  south  of  First,  119.0  feet. 

WAPLES  STREET— 

Intersection  of  Waples  and  Cowgill,  111.0  feet. 

Intersection  of  Waples  and  Williams,  118.0  feet. 

166  feet  east  of  Williams,  121.5  feet. 

Intersection  of  Waples  and  Graves,  (west  side),  127.0  feet. 
Intersection  of  Waples  and  Graves,  (east  side),  126.8  feet. 

193  feet  east  of  intersection  of  Waples  and  Graves,  132.5  feet. 
Intersection  of  Waples  and  High,  131.0  feet. 

Intersection  of  Waples  and  Church,  118.5  feet. 

Intersection  of  Waples  and  Asher,  114.5  feet. 

140  feet  east  of  intersection  of  W'apies  and  Asher.  113.5  feet. 
Intersection  of  Waples  and  Liberia,  110.0  feet. 

Intersection  of  Waples  and  Conn,  101.0  feet. 


174 


City  Ordinances 


WASHINGTON  STREET— 

Intersection  of  Washington  and  Springhill  streets,  131.0  feet. 
Intersection  of  Washington  and  Bryan  streets,  133.0  feet. 

South  side  of  Bryan,  133.2  feet. 

30  feet  north  of  section  line  on  Polk,  144.5  feet. 

Intersection  of  Washington  and  Polk  section  line,  145.0  feet. 

200  feet  south  of  the  above,  150.0  ,feet. 

50  feet  south  of  the  above,  150.0  feet. 

Intersection  of  Washington  and  Calhoun,  147.5  feet. 

Intersection  of  Washington  and  Webster,  148.3  feet. 

Intersection  of  Washington  and  Jackson  (center),  148.0  feet. 
Intersection  of  Washington  and  Jackson  (south  side),  148.0  feet. 
Intersection  of  Washington  and  Clay,  142.5  feet. 

238  feet  south  of  Clay,  134.5  feet. 

Intersection  of  Washington  and  Ann,  130.0  feet,  and  200  feet  south 
thereof  at  131.0  feet. 

Intersection  of  Washington  and  Third,  133.0  feet. 

Intersection  of  Washington  and  Second,  135.0  feet. 

Intersection  of  Washington  and  First,  128.5  feet. 

210  feet  south  of  intersection  of  Washington  and  First,  127.0  feet. 
148  feet  north  of  intersection  of  Washington  and  Leeper,  129.5  feet. 
430  feet  south  of  intersection  of  Washington  and  First,  130.25  feet. 
Intersection  of  Washington  and  Leeper,  131.0  feet. 

WEBSTER  STREET— 

At  the  west  end  of  Webster,  98.5  feet. 

90  feet  east  of  west  end,  102.5  feet. 

500  feet  west  of  Dickinson,  102.5  feet. 

Intersection  of  Webster  and  Dickinson,  118.0  feet. 

300  feet  east  of  intersection  of  Webster  and  Dickinson,  120.0  feet. 
595  feet  east  of  intersection  of  Webster  and  Dickinson,  118.0  feet. 
281  feet  west  of  intersection  of  Webster  and  Walnut,  123.0  feet. 
Intersection  of  Webster  and  Walnut,  131.0  feet. 

Intersection  of  Webster  and  Cherry,  139.5  feet. 

Intersection  of  Webster  and  Washington  (west  side),  148.3  feet. 

Intersection  of  Webster  and  Washington  (east  side),  148.3  feet. 

Intersection  of  Webster  and  Locust  (west  side),  150.7  feet. 
Intersection  of  Webster  and  Locust  (east  side),  150.7  feet. 
Intersection  of  Webster  and  Elm.  30  feet  west,  144.0  feet. 
Intersection  of  Webster  and  Elm,  30  feet  east,  143.0  feet. 
Intersection  of  Webster  and  Vine,  30  feet  west,  133.5  feet. 
Intersection  of  Webster  and  Vine,  30  feet  east,  132.5  feet. 

218  feet  east  of  the  intersection  of  Webster  and  Vine,  126.0  feet. 
Intersection  of  Webster  and  Eastin,  25  feet  west,  123.4  feet. 

Intersection  of  Webster  and  Eastin,  25  feet  east,  123.4  feet. 

290  feet  east  of  the  intersection  of  Webster  and  Eastin,  133.5  feet. 
WEBSTER  STREET — Continued — 

Intersection  of  Webster  and  Jefferson,  135.75  feet. 

Intersection  of  Webster  and  Woodward,  137.5  feet. 

Intersection  of  Webster  and  Broadway,  133.3  feet. 

160  feet  east  of  the  intersection  of  Webster  and  Broadway,  131.0 
feet. 

East  end  of  C.  M.  & St.  P.  railroad  right-of-way,  133.0  feet. 
WILLIAMS  STREET— 

At  north  end,  266  feet  north  of  Waples,  107.5  feet. 

Intersection  of  Williams  and  Waples,  118.0  feet. 

300  feet  south  of  intersection  of  Williams  and  Waples,  126.0  feet. 
Intersection  of  Williams  and  Jameson,  122.0  feet. 

Intersection  of  Williams  and  South,  112.5  feet. 

WILSON  STREET— 

At  the  north  end  of  Mansur  street,  135.5  feet. 

169  feet  west  of  the  above  at  the  northeast  corner  of  the  cemetery, 
135.5  feet. 


I 


City  Ordinances 


175 


238  feet  south  of  the  above,  east  of  old  cemetery,  130.5  feet. 

At  the  north  end  of  Wilson,  129.5  feet. 

250  feet  north  of  Third  street,  119.0  feet. 

Intersection  of  Wilson  and  Third,  111.84  feet. 

WISE  STREET— 

Intersection  of  Wise  and  Vine,  142.5  feet. 

Intersection  of  Wise  and  Hill,  130.75  feet. 

Intersection  of  Wise  and  Martin,  120.5  feet. 

259  feet  east  of  intersection  of  Wise  and  Martin,  108.0  feet. 
WOODWARD  STREET—  ' 

Intersection  of  Woodward  and  Polk,  157.5  feet. 

345  feet  south  of  intersection  of  Woodward  and  Polk,  151.0  feet. 
Intersection  of  Woodward  and  Calhoun,  145.0  feet. 

Intersection  of  Woodward  and  Webster,  137.5  feet. 

Intersection  of  Woodward  and  Jackson,  130.5  feet. 

Intersection  of  Woodward  and  Clay,  120.5  feet. 

Intersection  of  Woodward  and  Gale,  117.5  feet. 

Intersection  of  Woodward  and  Herriman,  111.3  feet. 

(R.  O.  1903.) 


ORDINANCE  No.  20. 

An  Ordinance  Concerning  and  Regulating  the  Digging 
and  Excavating  in  the  Streets,  Alleys  and  Highways 
in  the  City  of  Chillicothe,  Providing  That  All  Exca- 
vations Made  in  Improved  Streets  Shall  Be  Done  by 
the  Street  Commissioner  of  the  City  of  Chillicothe, 
Requiring  a Deposit  of  Double  the  Estimated  Cost 
Thereof  to  Be  Subject  to  the  Payments  of  the  Cost 
of  Such  Work,  and  Providing  That  the  City  Engineer 
May  Grant  Permission  to  Excavate  Unimproved 
Streets,  Providing  a Penalty  for  the  Violation  of  Said 
Ordinance. 

Section  1.  Not  to  Make  Excavations  in  Streets  With- 
out Permission, — Be  it  ordained  by  the  mayor  and  city  Coun- 
cil of  the  city  of  Chillicothe,  Missouri,  That  it  shall  be  un- 
lawful for  any  person,  firm,  company  or  corporation  for  any 
purpose,  to  dig  or  make,  or  cause  to  be  dug  or  made,  in,  on. 
along  or  across  any  sidewalk,  street,  alley  or  highway  of  this 
city,  any  hole,  ditch,  trench  or  excavation  of  any  kind  what- 
ever, without  first  having  complied  with  the  provisions  of  this 
ordinance  and  having  first  obtained  from  the  city  engineer 
permission  in  writing  so  to  do. 

Sec.  2.  Deposit  Required. — Every  person,  firm,  com- 
pany, or  corporation  desiring  for  any  purpose,  to  dig  or  make, 
or  cause  to  be  dug  or  made,  in,  on,  along  or  across  any  side- 
walk, street,  alley  or  highway  of  the  city,  any  hole,  ditch 
trench  or  excavation  of  any  kind  whatever,  shall  deposit  in 
the  city  treasury  double  the  amount  of  the  estimated  cost 


176 


City  Ordinances 


thereof,  as  hereinafter  provided,  and  the  city  treasurer  shall 
receipt  for  said  amount  and  hold  same  subject  to  the  orders 
and  payments  as  provided  by  this  ordinance. 

Sec.  3.  Estimate , Plans  and  Specifications  Required — 
Street  Commissioner  to  Make  Excavation  if  in  Improved 
Street. — Before  any  person,  firm,  company  or  corporation 
shall  for  any  purpose,  dig  or  make,  or  cause  to  be  dug  or 
made,  in,  on,  along  or  across  any  sidewalk,  street,  alley  or 
highway  of  this  city,  any  hole,  ditch,  trench  or  excavation  of 
any  kind  whatever,  he  or  they  shall  file  with  the  city  engineer 
an  estimate  of  the  cost  thereof,  plans  and  profiles  of  said 
work,  the  location  thereof,  stating  when  said  work  is  to  be- 
gin, and  within  what  time  to  be  completed,  together  with  a 
receipt  from  the  city  treasurer  for  double  the  estimated  cost 
thereof,  and  if  said  work  is  desired  on  an  improved  street,, 
alley  or  highway,  and  if  approved  by  the  city  engineer,  he 
shall  order  the  street  commissioner  to  do  said  work,  which 
said  work  shall  be  done  by  the  street  commissioner  accord- 
ing to  the  plans  and  profile  therefor  and  within  the  time  al- 
lowed with  as  little  damage  to  the  pavement,  curbing  or  other 
improvements  as  possible  and  shall  refill  such  ditch  or  ex- 
cavation and  leave  the  surface  of  said  street  or  highway  iir 
as  good  condition  as  when  entered  upon  and  when  completed 
the  street  commissioner  shall  furnish  the  city  treasurer  with  an 
itemized  account  of  the  cost  thereof  and  the  city  treasurer 
shall  pay  said  amount  to  the  party  or  parties  entitled  thereto* 
on  order  of  the  street  commissioner  and  charge  said  amount 
to  the  sum  on  deposit  in  the  city  treasury  and  the  balance 
thereof,  if  any,  shall  be  paid  to  the  party  or  parties  deposit- 
ing the  same,  but  should  it  be  desired  to  dig  or  make,  or  cause 
to  be  dug  or  made,  in,  on,  along  or  across  any  unimproved', 
streets,  alleys  or  highways  of  the  city,  any  hole,  ditch,  trench 
or  excavation  of  any  kind  whatever,  if  the  conditions  as  here- 
inbefore prescribed  have  complied  with,  the  city  engineer- 
may  give  said  party  or  parties  permission  which  shall  be  in 
writing,  to  do  or  make  said  hole,  ditch,  trench  or  excavation; 
provided  that  said  amount  required  to  be  deposited  by  this 
ordinance  shall  not  be  released  until  said  party  or' parties  shall 
have  completed  said  work  and  made  said  surface  of  said 
street  in  as  good  condition  as  when  entered  upon,  and  if  then 
approved  by  the  street  commissioner  he  shall  order  the  citv 
treasurer  to  release  said  amount  on  deposit. 


City  Ordinances 


177 


Sec.  4.  To  Fence  and  Light  Excavations. — Every  per- 
son, firm,  company  or  corporation  who  shall  make  excavation 
in,  on,  along  or  across  any  street,  alley  or  highway  of  the 
city,  shall  cause  the  same  to  be  fenced  in  with  a substantial 
fence,  and  so  placed  as  to  prevent  persons,  animals  or  vehicles 
from  falling  into  said  excavation;  and  shall  cause  red  lights 
to  be  securely  placed  6n  or  near  said  excavation  and  shall 
keep  such  lights  burning  during  the  entire  night. 

Sec.  5.  Penalty. — Any  person  or  persons,  corporation 
or  association  which,  or  any  president,  manager,  superin- 
tendent or  officer  in  charge  of  any  corporation  or  association 
who  shall  violate  or  fail  to  comply  with  any  of  the  provisions 
of  this  ordinance,  shall  be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof,  be  fined  no  less  than  $25  nor 
more  than  $100. 

Sec.  6.  Repealing  Ordinance  73. — Ordinance  No.  73 
of  the  revised  ordinance  of  the  City  of  Chillicothe,  is  hereby 
expressly  repealed  and  all  ordinances  or  parts  of  ordinances 
in  conflict  herewith  are  hereby  repealed. 

Passed  and  approved  this  10th  day  of  December,  1906. 

ORDINANCE  No.  21. 

An  Ordinance  Relating  to  the  Grading  and  Sub-Grading 
of  the  Streets,  Alleys,  Avenues,  Highways,  Lanes, 
Driveways,  Blocks,  Parts  or  Portions  Thereof  and  the 
Public  Grounds  in  the  City  of  Chillicothe,  Missouri. 

Section  1.  Improvement  to  he  on  Established  Grade. — 
Be  it  ordained  by  the  mayor  and  city  council  of  the  city  of 
Chillicothe,  Missouri,  that  before  any  street,  alley,  avenue, 
' highway,  lane,  driveway,  block,  part  or  portion  thereof  or 
any  of  the  public  grounds  in  the  City  of  Chillicothe,  Mis- 
souri, shall  be  graded,  the  grade  thereof  shall  have  been  first 
established  by  ordinance  according  to  law. 

Sec.  2.  Brought  to  Established  Grade. — After  such 
grade  has  been  established  by  ordinance  and  the  city  coun- 
cil of  said  city  desires  to  grade  the  same,  said  council  shall 
by  ordinance,  order  such  street,  alley,  avenue,  highway,  lane, 
driveway,  blocl£,  part  or  portion  thereof  or  any  of  the  public 
grounds  of  said  city,  to  be  brought  to  the  grade  so  established. 

Sec.  3.  Brought  to  Sub-Grade  for  Paving. — Before  any 
street,  alley,  avenue,  highway,  lane,  driveway,  block,  part 
or  portion  thereof  or  any  of  the  public  grounds  in  said  city 


178 


City  Ordinances 


shall  be  paved,  curbed,  graveled,  macadamized,  guttered,  or 
otherwise  permanently  improved,  the  same  shall  be  first 
brought  to  the  established  grade;  provided,  whenever  any 
street,  alley,  avenue,  highway,  lane,  driveway,  block,  part  or 
portion  thereof  or  any  of  the  public  grounds  of  said  city  is, 
in  addition  to  being  brought  to  the  established  grade,  to  be 
curbed,  paved,  graded,  macadamized,  guttered  or  otherwise 
permanently  improved,  the  council  may  in  addition  to  bring- 
ing same  to  the  established  grade,  order  same  brought  to  the 
proper  sub-grade  and  foundation  for  the  receipt  of  the  im- 
provements. 

Sec.  4.  Specification  and  Estimate  of  Grading. — Be- 
fore any  ordinance  shall  be  parsed  by  the  council  ordering 
any  street,  alley,  avenue,  highway,  lane,  driveway,  block, 
part  or  portion  thereof,  or  any  of  the  public  grounds  of  said 
city  to  be  brought  to  the  established  grade,  or  to  a sub-grade 
or  both,  plans  and  specifications  for  same  and  an  estimate 
of  the  probable  cost  thereof  shall  be  made  by  the  city  engi- 
neer and  submitted  to  the  city  council  and  by  them  approved 
and  filed  with  the  city  clerk  and  placed  of  record,  and  no 
contract  shall  be  entered  into  for  any  such  work  ordered,  for 
a price  exceeding  such  estimate,  provided  that  no  such  esti- 
mate shall  be  required  for  the  making  of  local  or  special  re- 
pairs; which  said  plans  and  specifications  shall  be  incorporated 
in  and  made  a part  of  the  ordinance  calling  for  such  improve- 
ments. 

Sec.  5.  Advertise  for  Bids — Certified  Check — Con- 
tract— Bond. — After  the  passage  and  approval  of  such  an 
ordinance  the  city  auditor  shall  advertise  in  at  least  one  paper 
published  in  said  city  for  sealed  proposals  for  the  doing  of  the 
required  improvements  according  to  the  plans  and  specifica- 
tions therefor,  prepared  by  the  city  engineer,  and  according 
to  ordinance  calling  for  such  improvements,  the  first  inser- 
tion of  which  advertisement  shall  be  at  least  twenty  days  prior 
to  the  day  specified  for  the  opening  of  such  bids,  upon  which 
day  the  said  auditor  in  conjunction  with  the  city  treasurer 
and  engineer,  shall  examine  all  of  the  proposals  received,  and 
shall  award  the  contract  for  the  doing  of  such  work  to  the 
lowest  responsible  bidder,  provided  that  the  ^aid  bid  of  the 
person  or  persons  to  whom  the  contract  is  awarded  shall  not 
exceed  the  estimate  furnished  by  the  city  engineer,  and  upon 
the  approval  of  such  award  by  the  city  council  the  mayor  shall 


City  Ordinances 


179 


execute  in  behalf  of  said  city,  contracts  in  triplicate  with  the 
successful  bidder  or  bidders,  which  said  contracts  shall  be  exe- 
cuted within  ten  days  after  the  approval  of  such  award,  each 
of  which  shall  be  countersigned  by  the  city  clerk  under  his 
official  seal,  and  one  copy  thereof  shall  be  filed  with  the  city 
auditor,  one  shall  be  delivered  to  the  city  engineer  and  the 
third  to  the  contractor;  provided  however  that  the  city  council 
shall  have  the  right  to  reject  any  and  all  bids,  and  provided 
further  that  each  bid  shall  be  accompanied  by  a certified  check 
of  such  amount  as  the  council  may  designate  to  insure  the 
making  of  the  contract,  and  provided  further  that  the  person 
to  whom  the  contract  is  awarded  shall  within  ten  days  after 
the  awarding  of  said  contract,  file  his  bond  with  the  city  clerk 
in  such  a sum  as  the  city  council  may  require,  with  good  and 
sufficient  sureties,  to  be  approved  by  the  mayor,  conditioned 
to  hold  the  city  of  Chillicothe,  Missouri,  free  and  clear  from 
any  and  all  claims,  charges  and  liens  for  material,  work  and 
labor  used  or  done  in  said  improvements. 

Sec.  6.  City  Engineer  to  Oversee  all  Work — Report 
Progress — Approved  By — Certify  to  Council. — It  shall  be  the 
duty  of  the  city  engineer  to  oversee  all  the  work  done  and  con- 
templated under  this  ordinance  and  report  the  progress  and 
condition  of  the  same  from  time  to  time  to  the  city  council, 
if  they  require,  and  said  work  when  completed  by  the  con- 
tractor and  before  the  city  shall  receive  and  pay  for  the  same, 
shall  be  approved  by  the  city  engineer  who  shall  certify  to 
the  council  that  said  work  has  been  completed  according  to 
plans  and  specifications  and  ordinance  for  the  same. 

Sec.  7.  To  be  Received  and  Approved  by  City  Coun- 
cil,— All  the  work  done  and  all  material  and  labor  furnished 
in  the  bringing  of  any  street,  alley,  avenue,  highway,  lane, 
driveway,  block,  part  or  portion  thereof  or  any  of  the  public 
grounds  in  the  city  of  Chillicothe,  Missouri,  to  the  estab- 
lished grade,  or  to  a sub-grade  or  both,  before  being  paid 
for  as  herein  provided,  shall  be  received  and  approved  by  the 
city  council. 

Sec.  8.  City  to  Pay  for  Improvement  Upon  Comple- 
tion of  Work — Appropriation. — The  City  of  Chillicothe,  Mis- 
souri, shall  pay  for  all  material  furnished  and  all  the  labor 
done  in  bringing  to  the  established  grade,  or  to  a sub-grade 
or  both,  the  streets,  alleys,  avenue,  highways,  lanes,  driveways, 
blocks,  parts  or  portions  thereof  and  the  public  grounds  in 
the  city  of  Chillicothe,  Missouri,  the  payment  of  which  shall 


180  City  Ordinances 

be  made  out  of  the  General  Revenue  Fund  of  said  city  and’ 
shall  be  due  and  payable  to  the  contractor  upon  the  comple- 
tion of  said  work  by  the  contractor  after  the  same  has  been 
received  and  approved  by  the  city  council.  Upon  the  approval 
of  the  award  of  any  contract  to  any  person  or  persons  for 
the  grading  or  sub-grading  or  both  of  any  street,  alley, 
avenue,  highway,  lane,  driveway,  block,  part  or  portion  thereof 
or  any  of  the  public  grounds  in  the  City  of  Chillicothe,  Mis- 
souri, there  shall  be  appropriated  by  the  council  out  of  the 
General  Revenue  Fund  in  the  hands  of  the  treasurer  of  said 
city,  an  amount  equal  to  the  estimate  furnished  by  the  city 
engineer  of  the  cost  of  such  improvement  for  the  payment  of 
the  work,  labor  and  material  called  for  in  said  contract,  which 
shall  be  held  by  said  treasurer  for  the  payment  of  no  other 
debts  of  said  city  than  that  for  which  appropriated,  nor  shall 
the  city  council  of  said  city,  issue  or  draw  any  warrants 
against  any  sum  so  appropriated,  except  in  payment  of  the 
debts  for  which  appropriated. 

Sec.  9.  Ordinances  in  Conflict  Repealed. — All  ordi- 
nances or  parts  of  ordinances  in  conflict  herewith,  be  and  the 
same  are  hereby  repealed. 

Passed  and  approved  this  8th  day  of  January,  1906. 

ORDINANCE  No.  22. 

An  Ordinance  Relating  to  Paving,  Graveling,  Macadam- 
izing, Guttering,  Curbing  and  Otherwise  Improving 
the  Streets,  Alleys,  Avenues  and  Public  Highways, 
Blocks  or  Parts  Thereof  in  the  City  of  Chillicothe, 
Missouri. 

Section  1.  Resolution — Kind,  Quality  and  Dimensions 
of  the  Material — Estimates  of  Costs — Publication  of — Resi- 
dent Owners  Remonstrate. — Be  it  ordained  by  the  mayor  and 
city  council  of  the  city  of  Chijlicothe,  Missouri.  That  when 
the  city  council  of  the  City  of  Chillicothe,  Missouri,  shall 
deem  it  necessary  to  pave,  gravel,  macadamize,  gutter,  curb 
and  otherwise  improve  any  of  the  streets,  alleys,  avenues, 
highways,  blocks,  parts  or  portions  thereof  in  the  City  of  Chil- 
licothe, Missouri,  the  council  shall,  by  resolution,  declare  such 
work  or  improvement  necessary  to  be  done,  which  resolution 
shall  describe  the  street,  alley,  avenue,  highway,  block,  part 
or  portion  thereof  to  be  improved,  and  the  extent  thereof,  and 
the  nature  of  the  improvement,  kind,  quality  and  dimensions 


City  Ordinances 


181 

of  the  material  to  be  used,  and  the  estimate  of  the  probable 
cost  of  said  improvement.  Sttcli  resolution  shall  be  published 
in  some  daily  newspaper,  published  in  the  City  of  Chillicothe, 
Missouri,  for  six  consecutive  issues  of  such  paper,  notifying 
persons  whose  property  is  liable  for  taxation  to  pay  for  such 
improvement,  of  the  proposed  improvement,  and  “if  the  resi- 
dent owners  of  a majority  of  feet  liable  to  taxation  therefor, 
shall  not,  within  tern  days  thereafter,  file  with  the  clerk  of 
the  city  their  protest  and  remonstrance  against  such  improve- 
ment being  made,  then  the  council  shall  have  power  by  or- 
dinance to  cause  such  improvement  to  be  made,’  and  to  con- 
tract therefor,  and  to  assess  and  levy  the  tax  as  herein  pro- 
vided, to  pay  for  the  same. 

Sec.  2.  Cost  of  Grading  and  Excavating  Paid  by  City. — 
The  cost  of  all  work,  labor  and  material  in  grading,  excavat- 
ing and  filling  all  streets,  alleys,  avenues  and  public  highways, 
blocks,  parts  or  portions  thereof,  in  including  the  squares  and 
areas  as  formed  by  the  intersecting,  crossing  and  meeting  of 
streets,  alleys,  and  other  highways,  parts  or  portions  thereof 
or  connecting  therewith,  necessary  to  bring  the  same  to  the 
sub-grade,  and  to  keep  all  improvements  made  under  this  or- 
dinance in  repair,  shall  be  paid  by  the  City  of  Chillicothe, 
Missouri,  out  of  the  General  Revenue  Fund. 

Sec.  3.  Plans,  Specifications  and  Estimates  by  City  En- 
gineer— Approved  by  Council — Cannot  Contract  For  More 
Than  Estimate. — Before  the  council  shall  pass  any  resolution 
or  ordinance  for  the  improvement  of  any  street,  alley,  avenue, 
highway,  block,  part  or  portion  thereof  as  called  for  in  sec- 
tion one,  the  plans  and  specifications  for  such  improvement 
and  an  estimate  of  the  cost  thereof  shall  be  made  by  the  city 
engineer  and  submitted  to  the  council  and  by  them  approved 
and  filed  with  the  city  clerk  and  placed  of  record,  and  no 
contract  shall  be  entered  into  for  any  such  work  or  improve- 
ment, for  a price  exceeding  such  estimate,  provided  that  no 
such  estimate  shall  be  required  for  the  making  of  any  local 
or  special  repairs. 

Sec.  4.  Estimate  to  Contain  Name  of  Property  Owner 
and  Description  Thereof. — It  shall  be  the  duty  of  the  city  en- 
gineer in  his  estimate  to  give  the  names  of  all  the  owners  of 
property  liable  for  taxation  for  such  improvement,  so  far 
as  he  is  able  to  ascertain,  and  the  number  of  the  lot  and  block 
or  other  sub-division  as  well  as  the  number  of  front  feet 
thereof. 


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Sec.  5.  Resident  Property  Owners  May  Remonstrate 
i/Vithin  Ten  Days  After  Passage  and  Publication  of  Resol- 
ution— If  no  Remonstrance  is  Filed,  Council  to  Pass  Ordin - 
once  Calling  for  Improvement. — If  after  the  passage  and  pub- 
lication of  such  resolution,  the  resident  owners  of  a majority 
of  feet,  at  the  time  of  the  passage  of  such  resolution,  liable 
to  be  taxed  for  such  improvement,  have  not,  within  ten  days 
thereafter,  filed  with  the  city  clerk  their  protest  and  remon- 
strance against  such  improvement  being  made  as  required  by 
section  one  hereof,  then  the  council  shall  pass  an  ordinance 
providing  for  and  ordering  said  improvement  to  be  made, 
describing  the  street,  alley,  avenue,  highway,  block,  part  or 
portion  thereof  to  be  improved,  and  the  extent  thereof,  and 
shall  specify  in  said  ordinance  the  nature  of  the  improvement, 
as  well  as  the  kind,  quality,  and  dimensions  of  the  material 
to  be  used  and  the  manner  in  which  the  improvement  shall  be 
done,  and  shall  incorporate  in  and  make  a part  of  said  ordin- 
ance, the  plans  and  specifications  for  such  improvement  as 
furnished  by  the  city  engineer. 

Sec.  6.  Auditor  to  Adzrertise  for  Bids — Price  Not  to 
Exceed  Estimate- — Contract — Bond. — After  the  passage  and 
approval  of  such  an  ordinance  the  city  auditor  shall  advertise 
in  at  least  one  paper,  published  in  said  city,  for  sealed  pro- 
posals for  the  doing  of  the  required  improvement,  according 
to  the  plans  and  specifications  therefor  prepared  by  the  city 
engineer  and  according  to  the  ordinance  calling  for  such  im- 
provement, the  first  insertion  of  which  advertisement  shall  be 
at  least  twenty  days  prior  to  the  day  specified  for  the  open- 
ing, of  such  bids,  upon  which  day  the  said  auditor,  in  con- 
junction with  the  city  treasurer  and  engineer,  shall  examine 
all  the  proposals  received,  and  the  contract  for  such  improve- 
ment shall  be  awarded  to  the  lowest  responsible  bidder,  pro- 
vided such  bid  does  not  exceed  the  estimate  of  the  engineer, 
and  upon  the  approval  of  such  award  by  the  city  council,  the 
mayor  shall  execute  in  behalf  of  said  city,  contracts  in  trip- 
licate with  the  successful  bidder  or  bidders,  which  said  con- 
tracts shall  be  executed  within  ten  days  after  the  approval  of 
such  award,  each  of  which  shall  be  countersigned  by  the 
city  clerk  under  his  official  seal,  and  one  copy  thereof  shall 
be  filed  with  the  city  auditor,  one  shall  be  delivered  to  the  city 
engineer  and  the  third  to  the  contractor  ; provided  however, 
the  city  council  shall  have  the  right  to  reject  any  and  all  bids; 
and  provided  further  that  each  bid  shall  be  accompanied  bv 


City  Ordinances 


183 


a certified  check  of  such  amount  as  the  council  may  designate 
to  insure  the  making  of  the  contract ; and  provided  further 
that  the  person  to  whom  the  contract  is  awarded,  shall  within 
ten  days  after  the  awarding  of  said  contract  file  his  bond  with 
the  city  clerk,  in  such  sum  as  the  city  council  may  require, 
with  good  and  sufficient  sureties,  to  be  approved  by  the  mayor, 
conditioned  to  hold  the  city  of  Chillicothe,  Missouri,  free 
and  clear  from  any  and  all  claims,  charges  and  liens  for  mater- 
ial, work  and  labor  used  or  done  in  said  improvements,  ex- 
cept such  as  the  said  city  shall  be  liable  therefor. 

Sec.  7.  City  Engineer  to  Oversee  Work — Report  Pro- 
gress— Approved  by — Certify  to  Council. — It  shall  be  the  duty 
of  the  city  engineer  to  oversee  all  the  work  done  or  contem- 
plated under  this  ordinance,  and  report  the  progress  and  con- 
dition of  said  work  from  time  to  time  to  the  city  council,  if 
they  so  require,  and  said  work  when  completed  by  the  con- 
tractor, and  before  the  city  shall  receive  the  same,  shall  be 
approved  by  the  city  engineer,  who  shall  certify  to  the  coun- 
cil that  said  work  has  been  completed  according  to  plans  and 
specifications,  ordinances  and  contracts  for  the  same. 

Sec.  8.  Property  Belonging  to  City , Subject  to  As- 
sessment for  Improvement. — When  any  property  owned  by 
the  city  of  Chillicothe,  Missouri,  is  so  situated  that  it  would, 
if  owned  by  an  individual,  to  liable  for  its  proportionate 
share  of  the  cost  of  any  improvement  ordered  under  this  or- 
dinance, such  property  shall  be  liable  for  its  share  of  the  cost 
of  such  improvement,  the  same  as  if  owned  by  an  individual, 
and  the  city  of  Chillicothe,  Missouri,  shall  pay  for  same  upon 
completion  of  said  improvements  and  approval  and  acceptance 
of  the  same. 

Sec.  9.  Abutting  Property  to  be  Taxed — Each  Block 
Assessed  Separately — Lien  on  Property. — For  the  paying  for 
all  such  improvements,  the  city  council  shall,  after  said  work 
lias  been  completed  and  accepted  by  them,  assess  and  levy  by 
ordinance  a tax  on  the  owner  of  the  property,  lot  or  lots  or 
pieces  of  ground  fronting  or  abutting  on  such  improvements. 
The  assessment  to  be  made  for  each  block  separately,  in  pro- 
portion to  the  front  footage,  on  all  lots  or  pieces  of  ground 
on  either  side  of  the  improvement,  which  said  tax  so  levied, 
shall  be  a lien  on  the  property  so  fronting  or  abutting  on  the 
said  improvements. 

Sec.  10.  Special  Tax  Bill — City  Not  Liable. — The  per- 
son, persons,  or  corporations  receiving  the  contract  for  such 


City  Ordinances 


184 

improvement,  shall  receive  pay  for  such  improvement  and 
for  furnishing  all  the  work,  labor,  materials, tools  and  imple- 
ments for  the  same  in  special  tax  bills  issued  against  the  prop- 
erty liable  therefor,  which  shall  be  received  by  said  contractor 
in  full  payment  for  all  said  improvement,  labor,  work,  mater- 
ial, tools  and  implements  so  furnished  by  him,  and  the  city 
of  Chillicothe,  shall  not  in  any  event  be  liable  to  said  contract 
or  for  any  of  the  said  improvements  and  for  any  such  work, 
labor,  material,  tools,  and  implements  so  furnished,  except 
for  such  property  of  said  city  subject  to  taxation  as  in  sec- 
tion eight  set  out. 

Sec.  11.  Special  Tax  Bill  Made  by  City  Engineer — 
Assessment , Each  Block  Separately — Description  of  Prop- 
erty and  Name  of  Owner — Signed  by  Mayor , Attested  by 
City  Clerk. — The  city  engineer  of  said  city  shall  make  out  the 
said  special  tax  bills  for  the  amount  of  the  tax  to  be  paid  by 
the  owner  of  each  lot  and  every  lot  and  piece  of  ground  liable 
for  taxation,  the  assessment  to  be  made  for  each  block  separ- 
ately in  proportion  to  the  front  footage,  and  shall  state  therein 
the  number  of  the  lot  or  other  proper  description,  to  fully 
designate  each  lot  or  piece  of  ground,  and  the  name  of  the 
owner  thereof,  the  total  costs  of  the  improvements,  the  par- 
ticular lot  or  piece  of  ground  for  which  said  special  tax  bill 
is  issued  and  the  amount  of  the  tax  assessed  against  each  lot 
or  piece  of  ground,  all  of  said  special  tax  bills  shall  be  signed, 
certified  and  delivered  by  the  city  engineer  to  the  city  clerk 
who  shall  attest  the  same  by  his  signature,  and  have  the 
mayor  sign  same. 

. Sec.  12.  Special  Tax  Bill  Registered  by  City  Clerk — 
Delivered  to  Contractor — Receipt  in  Full. — The  city  clerk 
shall  register  all  tax  bills  issued  as  aforesaid  in  his  office  and 
deliver  the  same  to  the  contractor  entitled  to  them  at  the  com- 
pletion and  acceptance  of  the  said  improvements,  and  take 
receipt  of  such  contractor  in  full  for  all  claims  against  the 
city  of  Chillicothe,  Missouri,  on  account  of  said  work. 

Sec.  13.  Special  Tax  Bill  to  Bear  Interest — A Lien  on 
Property — May  be  Paid  in  Three  Annual  Installments. — Such 
special  tax  bills  shall  bear  interest  after  thirty  days  from  the 
date  of  issue,  at  the  rate  of  ten  per  cent  per  annum,  and  shall 
be  a lien  against  the  lot  or  piece  of  ground  described  in  the 
same  till  paid,  and  if  not  paid  within  six  months  after  the 
date  of  issuance  then  they  shall  bear  interest  at  the  rate  of 
fifteen  per  cent  per  annum  until  paid. 


City  Ordinances 


185 


Such  tax  bills  may  be  paid  in  three  annual  installments, 
one-third  in  one  year,  one-third  in  two  years,  one-third  in 
three  years,  from  date  of  issue  thereof,  each  payment  to  bear 
interest  at  the  rate  of  six  per  cent  per  annum  from  date  of 
issue  to  date  of  payment;  provided  that  the  owner  of  any  lot 
or  parcel  of  ground  fronting  on  any  of  said  improvements 
shall,  within  ten  days  after  the  letting  of  the  contract  of  such 
work,  notify  the  city-elerk' in  writing,  that  he  desires  to  pay 
for  the  same  in  three  annual  payments.  In  such  cases,  the 
city  engineer  shall  make  out  three  special  tax  bills,  which  shall 
be  signed  by  the  mayor  and  attested  by  the  city  clerk  each 
for  one-third  part  of  the  costs  of  such  improvements,  bearing 
interest  as  aforesaid,  the  rate  of  which  is  hereby  fixed  at  six 
per  cent  per  annum  and  deliver  the  same  to  the  contractor 
for  the  work,  and  exery  tax  bill  shall  be  a lien  on  such  lot 
or  parcel  of  ground  therein  described,  and  such  lien  shall  con- 
tinue for  one  year,  from  maturity  of  the  tax  bill  last  becom- 
ing due,  until  paid  or  until  the  final  determination  of  any 
legal  proceedings  to  collect  the  same,  but  no  such  suit  shall 
be  brought  on  the  same  until  after  the  maturity  of  all  such 
tax  bills. 

Sec.  14.  Special  Tax  Bill  Assignable — Action  on — City 
Not  Liable  for  Cost — Prima  Facie  Evidence. — Such  tax  bills 
shall  be  assignable  and  collectible  in  any  action  brought  in 
the  name  of  the  city  of  Chillicothe,  Missouri,  to  the  use  of 
the  holder  thereof  in  any  court  having  jurisdiction  of  suits 
for  the  collection  of  the  city  delinquent  taxes,  and  such  suit 
shall  be  governed  by  the  same  rules  and  like  proceedings  had 
on  judgments,  as  provided  for  the  enforcement  and  collection 
of  the  delinquent  taxes  of  the  city  of  Chillicothe,  Missouri, 
by  suits  in  court,  but  the  city  of  Chillicothe,  shall  not  in  any 
event  be  liable  for  any  costs  that  may  accrue  in  such  action. 
Such  special  tax  bills  shall,  in  any  action  thereon,  be  prima 
facie  evidence  of  the  regularity  of  the  proceedings  for  such 
special  assessments,  of  the  validity  of  the  bill,  of  the  doing  of 
the  work,  and  of  the  furnishing  of  the  material  charged  for, 
and  of  the  liability  of  the  property  to  the  charge  stated  in  the 
bill. 

Sec.  15.  Council  to  Approve  Work — Ordinance  Not 
Retroactive. — All  work  done  as  herein  provided,  and  before 
any  tax  bill  shall  be  issued  to  the  contractor  in  payment  there- 
for, shall  be  received  and  approved  by  the  city  council. 


186 


City  Ordinances 


This  ordinance  shall  not  be  considered  to  be,  and  is  not 
retroactive  or  retrospective.  And  all  contracts,  rights  and 
benefits  made,  accruing  and  attaching  to  any  person  or  vest- 
ing in  any  one  and  all  liabilities  created  by  virtue  of  any  prior 
ordinances  of  the  city  of  Chillicothe,  Missouri,  shall  not  be 
affected  or  invalidated  hereby. 

Sec.  16.  Conflicting  Ordinances  Repealed. — All  Or- 
dinances or  parts  of  ordinances  in  conflict  herewith,  be  and 
the  same  are  hereby  repealed.  (Passed  and  approved  the  8th 
day  of  January,  1906.) 

ORDINANCE  No.  23. 

An  Ordinance  Making  It  the  Duty  of  Railroad  Corpora- 
tions Within  the  Limits  of  Chillicothe,  Missouri,  to 
Grade,  Construct,  Reconstruct,  Pave,  Gutter,  Curb 
and  Otherwise  Improve  and  Repair  All  Streets,  Al- 
leys, Avenues,  Public  Highways  and  Sidewalks, 
Where  the  Railroad  Track  of  Such  Corporation 
Crosses  or  Abuts  Any  Public  Street,  Alley,  Avenue 
or  Highway  in  the  City;  and  Making  the  Real  Prop- 
erty of  Such  Corporation,  Including  Right-of-Ways, 
Yards  and  Depot  Grounds  Situated  Within  the  Limits 
of  the  City,  Subject  to  Special  Assessments,  and  for 
the  Enforcement  and  Collection  of  Such  Special  As- 
sessments Against  the  Real  Property  of  Such  Rail- 
road Corporation. 

Section  1.  Duty  of  Railroad  to  Improve  Crossings, 
Etc, — Be  it  ordained  by  the  mayor  and  city  council  of  the  city 
of  Chillicothe,  Missouri : That  it  shall  be  the  duty  of  all  rail- 
road corporations  owning  or  operating  any  railroad  within 
the  city  limits  of  Chillicothe,  Missouri,  when  required  by  an 
ordinance  of  the  city  duly  passed,  to  grade,  construct,  recon- 
struct, pave,  gutter,  curb  Dr  otherwise  improve  or  repair  any 
street,  alley,  avenue,  public  highway,  or  sidewalk  or  any  part 
or  parts  thereof,  where  the  same  crosses,  abutts  or  adjoins  the 
right  of  way  of  such  corporation,  to  the  same  extent,  of  like 
materials  and  of  as  good  quality  as  the  city  has  or  shall  re- 
quire by  ordinance  of  the  property  owners  abutting  upon  such- 
street,  alley,  avenue  or  highway,  or  sidewalk  or  any  part  or 
parts  thereof,  so  ordered  graded,  constructed,  reconstructed,, 
paved,  guttered,  curbed,  or  otherwise  improved  or  repaired. 

Sec.  2.  Railroad  to  be  Served  With  Notice. — When  the- 
city  council  shall  by  ordinance  direct  any  street,  alley,  avenue,. 


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187 


public  highway  or  sidewalk,  or  any  part  or  parts  thereof,  im- 
proved or  repaired  as  named  in  section  1 of  this  ordinance, 
the  city  council  shall  order  the  city  engineer  to  serve  a writ- 
ten notice  on  such  railroad  corporation,  to  improve  such  street, 
alley,  avenue  or  public  highway,  or  part  or  parts  thereof, 
where  the  same  crosses,  abutts  or  adjoins  the  right  of  way  of 
such  corporation  in  the  city  as  required  by  such  ordinance. 

Sec.  3.  Notice— =How  Served. — The  notice  mentioned 
in  section  2 of  this  ordinance  shall  be  served  by  delivering  a 
copy  of  the  same  to  the  station  agent  of  such  railroad  corpor- 
ation nearest  to  the  street,  alley,  avenue,  public  highway  or 
sidewalk  over  or  upon  which  said  railroad  crosses,  abutts  or 
adjoins.  It  shall  be  sufficient  for  the  said  notice  to  specify 
the  general  nature  of  the  improvement  required  by  the  or- 
dinance aforesaid,  and  give  the  number  of  the  ordinance,  and 
the  date  of  its  passage.  If  the  railroad  corporation  after  be- 
ing served  with  notice  as  aforesaid  shall  neglect  or  refuse  to 
make  the  improvement  required  in  such  ordinance  within 
thirty  days  after  service  of  said  notice,  the  city  may  proceed 
to  grade,  construct,  reconstruct,  pave,  gutter,  curb,  or  other- 
wise improve,  or  repair  such  street,  alley,  avenue,  public  high- 
way or  sidewalk,  where  the  same  crosses,  abutts  or  adjoins 
the  same  as  such  ordinance  provides. 

Sec.  4.  Railroad  Failing  to  Make  Improvement — City 
to  Let  Contract. — Whenever  such  railroad  corporation  shall 
fail  or  neglect  to  make  the  improvement  ordered  made  by  any 
ordinance  passed  by  the  city  council,  as  provided  for  in  this 
ordinance,  it  shall  be  lawful  for  the  city  to  let  the  contract 
as  provided  for  in  section  6 of  this  ordinance  for  the  doing 
of  the  work  and  furnishing  of  the  material  called  for  in  the 
ordinance  requiring  such  improvements  to  be  made. 

Sec.  5.  City  Engineer  to  Submit  Plans,  Specifications, 
Etc. — If  any  railroad  corporation  shall  neglect  or  refuse  to 
make  such  improvement  or  repairs  after  service  of  notice 
as  required  by  this  ordinance,  the  city  council  shall  direct  the 
city  engineer  to  make  plans,  specifications  and  an  estimate  of 
the  cost  of  such  improvements  or  repairs,  which  shall  be  sub- 
mitted to  the  council.  If  the  city  council  shall  approve  the 
report  made  by  the  city  engineer,  the  same  shall  be  ordered 
filed  with  the  city  clerk  and  placed  of  record,  and  no  contract 
shall  be  entered  into  for  such  improvement  or  repairs  for  a 
price  exceeding  such  estimate. 


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Sec.  6.  City  Auditor  to  Advertise  for  Bids. — After  the 
plans,  specifications  and  estimate  named  in  the  preceding  sec- 
tion have  been  approved  by  the  city  council,  the  city  auditor 
shall  advertise  for  sealed  bids  for  the  doing  of  the  work,  and 
furnishing  of  the  material  according  to  the  plans  and  speci- 
fications of  the  city  engineer  therefor  and  according  to  the 
ordinance  calling  for  such  improvement  or  repairs.  All  the 
provisions  of  Section  6,  of  Ordinance  No.  22,  of  the  Re- 
vised Ordinances  of  the  City,  shall,  in  such  cases,  apply  and 
govern  in  the  advertisement  and  letting  of  the  contract,  and 
said  section  of  said  ordinance  is  hereby  adopted  and  made  a 
part  of  this  ordinance  the  same  as  though  the  same  was 
copied  herein  and  made  a part  hereof. 

Sec.  7.  Railroad  to  Pave  Right  of  Way  at  Street  Cross- 
ings.— When  the  right  of  way  of  any  railroad  corporation 
owning  or  operating  a railroad  inside  the  limits  of  said  city, 
crosses,  abutts  or  adjoins  any  street,  alley,  avenue,  public 
highway  or  part  or  parts  thereof,  and  such  street,  alley, 
avenue,  or  public  highway  or  part  or  parts  thereof  has  been 
graded,  constructed,  reconstructed,  paved,  guttered  or  curbed 
or  otherwise  improved  to  the  side  and  line  of  the  right 
of  way  of  the  railroad  corporation,  and  the  city  council  shall 
thereafter  determine  that  it  is  necessary  to  extend  such  im- 
provement on  such  street,  alley,  avenue  or  public  highway  or 
parts  thereof,  across  the  right  of  way  of  such  railroad  cor- 
poration, the  city  council  shall  pass  an  ordinance  ordering 
such  extension  to  be  made;  the  extension  across  the  right 
of  way  shall  be  of  the  same  width  and  of  like  material  as 
that  therefor  required  of  the  property  owners,  annd  made  on 
any  such  street,  alley,  avenue  or  public  highway  or  part  there- 
of, where  the  same  abutts  or  adjoins  the  line  and  side  of  the 
right  of  way  of  such  corporation  aforesaid;  and  on  failure 
or  neglect  of  such  railroad  corjlbration  to  make  such  exten- 
sion and  improvement  across  its  right  of  way,  after  notice  as 
required  by  this  ordinance,  it  shall  be  lawful  for  the  city  to 
cause  such  extension  and  improvement  to  be  made  as  provided 
by  this  ordinance  and  this  ordinance  ordering  such  extension 
and  improvement  to  be  made  as  aforesaid,  and  the  cost  of  such 
extension  and  improvement,  across  the  right  of  way  of  such 
railroad  corporation,  shall  be  levied  and  assessed  against  the 
railroad  corporation’s  property  and  payment  may  be  enforced 
as  provided  for  by  this  ordinance. 


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189 

Sec.  8.  City  Engineer  to  Oversee  and  Approve  Work. — 
It  shall  be  the  duty  of  the  city  engineer  to  oversee  all  the 
work  done  or  contemplated  under  this  ordinance,  and  report 
the  progress  and  condition  of  said  work  from  time  to  time 
to  the  city  council,  if  they  so  require,  and  said  work  when 
completed  by  the  contractor,  and  before  the  city  shall  receive 
the  same,  shall  be  approved  by  the  city  engineer,  who  shall 
certify  to  the  council  that  said  work  has  been  completed  ac- 
cording to  plans  and  specifications,  ordinances  and  contracts 
for  the  same. 

Sec.  9.  To  assess  and  Levy  Tax  Against  Railroad  Prop- 
erty.— For  the  paying  of  all  such  improvements  or  repairs, 
the  city  council  shall,  after  the  work  is  completed  and  ac- 
cepted, assess  and  levy  by  ordinance  a tax  on  the  real  prop- 
erty, including  right  of  way,  yards  and  depot  grounds  owned 
or  controlled  by  such  railroad  corporation  within  the  city 
limits  of  said  city;  said  tax  and  assessment  shall  be  in  a suf- 
ficient amount  to  cover  the  contract  price  for  the  making  of 
such  improvements. 

Sec.  10.  To  Issue  Tax  Bill  Against  Property , Right  to 
Sue  on  Same. — After  the  assessment  and  levy  has  been  made 
by  the  city  council  as  named  in  the  preceding  section,  the 
city  engineer  shall  make  out  a tax  bill  or  bills  against  the  prop- 
erty against  which  the  tax  has  been  assessed  and  deliver  the 
same  to  the  city  clerk  who  shall  register  the  same  in  his  office 
and  deliver  the  same  to  the  contractor  entitled  to  receive  such 
tax  bill  or  bills,  and  take  the  receipt  of  such  contractor  in  full 
for  all  claims  against  the  city  of  Chillicothe,  Missouri;  and 
the  contractor  receiving  such  special  tax  bills  shall  have  the 
right  to  sue  the  railroad  corporation,  liable  therefor,  in  the 
name  of  the  city  of  Chillicothe,  Missouri,  to  his  use  and  bene- 
fit. The  plaintiff  in  such  action  shall  be  entitled  to  recover 
in  such  suit  in  any  court  of  competent  jurisdiction,  double 
the  amount  of  the  tax  bill  or  bills  sued  on  for  the  failure, 
neglect  or  refusal  of  such  railroad  corporation  to  make  such 
improvements,  as  provided  by  an  act  of  the  legislature  of 
the  State  of  Missouri,  passed  and  approved  on  the  6th  day 
of  March,  1905. 

Passed  and  approved  this  the  10th  day  of  August,  1908. 


190 


City  Ordinances 


ORDINANCE  No.  24. 

An  Ordinance  in  Relation  to  Building  and  Constructing 
Sidewalks,  Providing  for  the  Manner  of  Their  Build- 
ing and  Construction,  to  Be  Paid  for  by  the  Owners 
of  Property  Along  and  in  Front  of  Which  Said  Side- 
walks are  Built  and  Constructed;  How  the  Lien 
Against  the  Property  for  the  Cost  May  Be  Enforced; 
Cost  of  Construction  to  Be  Paid  the  Contractor  by 
Special  Tax  Bills  Against  the  Property. 

Section  1.  Power  to  Cause  Sidewalk  to  be  Built. — Be  it 
ordained  by  the  mayor  and  city  council  of  the  city  of  Chilli- 
cothe,  Missouri,  that  the  city  council  of  the  city  of  Chilli- 
cothe,  Missouri,  shall  have  power,  by  ordinance,  to  cause  to 
be  built  and  constructed,  sidewalks  in  front  of  and  along  any 
property,  lot  or  lots  on  any  street,  alley,  avenue  or  public 
highway  within  the  city  of  Chillicothe,  Missouri ; such  ordin- 
ances providing  for  such  improvements  shall  designate  the 
street,  alley,  avenue  or  public  highway  along  which  said  side- 
walk is  to  be  built  and  constructed,  and  the  side  of  said  street, 
the  width  of  said  sidewalk,  the  material  of  which  same  is  to 
be  composed,  and  describing  the  property,  lot  or  lots  in  front 
of  or  along  which  said  sidewalk  is  to  be  built  and  constructe. 

Sec.  2.  Cost  to  be  Paid  by  Owner  of  Property,  Lien. — 
The  cost  of  building  and  constructing  all  sidewalks,  includ- 
ing all  necessary  grading,  excavating  and  filling,  in  the  city 
of  Chillicothe,  Missouri,  shall  be  paid  by  the  owner  of  the 
property,  lot  or  lots  in  front  of  and  along  which  sidewalks 
are  built  and  constructed,  and  shall  be  a lien  on  such  prop- 
erty, lot  or  lots  until  paid;  and  collected  by  special  tax  bills 
which  shall  be  a lien  on  the  property,  lot  or  lots. 

Sec.  3.  City  Engineer  to  Make  Estimate  of  Cost. — Be- 
fore any  ordinance  shall  be  passed  ordering  any  sidewalk 
built  or  constructed,  the  council  shall  order  the  city  engineer 
to  make  an  estimate  of  the  cost  of  building  and  constructing 
said  sidewalk  including  all  necessary  grading,  excavating 
or  filling,  such  estimate  shall  be  for  the  cost  of  the  material, 
labor,  excavating,  grading  or  filling,  separately,  ‘for  each 
piece  of  property  or  lot  in  front  of  and  along  which  a side- 
walk is  to  be  built  and  constructed,  the  name  of  the  street, 
alley,  avenue  or  highway  where  said  property  is  located  and 
which  side  thereof,  width  and  length  of  sidewalk. 


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191 


Sec  4.  Sidewalks  to  Conform  to  Established  Grade. — 
All  sidewalks  shall  be  built  and  constructed  on  the  established 
grade  of  the  street  on  which  said  sidewalk  is  built ; and  no 
walk  shall  be  built  and  constructed  on  any  street,  alley,  avenue 
or  highway  until  the  grade  of  said  street  shall  have  been 
first  established  as  provided  by  law. 

Sec.  5.  Shall  Condemn  old  Sidewalk , When  Same  Re- 
moved by  City. — The  city  council  may  by  ordinance,  condemn 
and  order  removed  any  sidewalk  on  any  street,  alley,  avenue, 
or  highway,  that  may  be  out  of  repair,  or  that  is  not  on  the 
proper  street  grade,  or  that  is  not  uniform  with  the  other 
sidewalks  in  the  same  block  and  on  the  same  side  of  the 
street,  alley,  avenue  or  highway;  and  no  new  sidewalk  shall 
be  built  and  constructed  where  sidewalks  now  are,  until  such 
sidewalk  shall  have  been  condemned  by  ordinance;  when  any 
■ sidewalk  shall  have  been  condemned  by  ordinance  as  aforesaid 
and  a new  sidewalk  ordered  built  and  constructed,,  as  provided 
by  this  ordinance,  and  the  owner  of  the  lot  or  property  along  or 
in  front  of  which  said  condemned  sidewalk  is  located  shall,  after 
notice  of  such  condemnation  or  order  of  removal,  refuse  or 
neglect  to  remove  the  old  material  of  which  such  sidewalk  is 
constructed,  then  the  city  engineer  shall  cause  the  same  to 
be  removed  at  the  expense  of  the  city.  It  shall  be  unlawful 
for  any  contractor  or  other  person  to  use  any  of  the  old  ma- 
terial of  which  any  condemned  sidewalk  may  have  been  con- 
structed in  the  construction  of  any  new  sidewalk  or  other- 
wise without  the  consent  of  the  owner  of  the  lot  or  property 
in  front  of  such  condemned  sidewalks. 

Sec.  6.  Dimensions , Material  and  Size. — All  sidewalks 
in  this  city  hereafter  built  and  constructed  shall  be  built  and 
constructed  with  good  artificial  stone,  and  all  sidewalks  shall 
be  not  less  than  five  feet  wide,  unless  otherwise  ordered 
by  the  city  council  provided,  sidewalks  may  be  built  and  con- 
structed with  good  hard  burnt  sidewalk  brick  when  permis- 
sion shall  have  been  granted  by  the  city  council,  and  so  ordered 
in  the  ordinance  calling  for  same ; provided,  however,  that  no 
sidewalk,  other  than  artificial  stone,  shall  be  built  and  con- 
structed within  6 blocks  of  the  public  square.  All  sidewalks 
shall  be  laid  and  built  according  to  the  following  respective 
specifications,  herein  made  and  provided,  unless  otherwise 
provided  by  the  city  council. 

Artificial  Stone  Walk — Specifications  for  Grading. — All 
grading  which  may  be  necessary  to  be  done  to  prepare  the  sub- 


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City  Ordinances 


grade  for  the  reception  of  the  walk,  or  in  order  to  protect  the. 
same,  shall  be  made  of  such  dimensions  and  depth  as  shown 
by  the  city  engineer’s  grade  stakes,  whose  duty  it  shall  be 
to  show  the  grade  by  setting  grade  stakes.  When  fills  are 
necessary,  a shoulder,  flush  with  the  finished  surface  of  the 
walk,  shall  extend  at  least  18  inches  beyond  the  two  external 
edges  of  the  same.  Fills  shall  be  made  in  layers  not  to  exceed 
6 inches,  must  be  well  tamped  and  when  finished  have  a side 
slope  of  one  foot  perpendicular  to  one  and  one  half  foot  hor- 
izontal. 

Sub-Foundation. — A sub-foundation  of  cinders,  gravel, 
broken  stone  or  good  hard  burned  brick  bats,  of  not  less  than 
four  inches  in  depth,  shall  be  placed  upon  the  sub-grade  and 
shall  be  well  consolidated  by  ramming  to  an  even  surface,  and 
shall  be  well  moistened  just  before  the  concrete  is  placed 
thereon. 

Mould  Strips. — The  mould  strips  shall  be  2 inches  thick 
by  4 inches  wide  and  shall  be  blocked  under  the  ends  and 
centers  and  carefully  straight  edged,  care  being  taken  that 
the  strips  are  parallel  with  the  engineer’s  line  stakes  and  to 
conform  to  the  height  of  his  grade  stakes.  The  walks  shall 
be  laid  with  a drop  of  one-fourth  of  an  inch  to  the  foot 
towards  the  curb  line. 

Stone  Flagging. — Artificial  stone  flagging  to  consist  of 
two  parts,  viz:  1st.  A bottom  course  of  3 1-2  inches  in 
depth.  2nd.  A finishing  or  wearing  course  of  one-half  an 
inch  in  depth,  shall  be  laid  upon  the  sub-foundation.  The 
bottom  course  shall  be  composed  of  crushed  granite,  crushed 
limestone,  free  from  dust  or  dirt,  or  washed  Grand  River 
gravel  (said  stone  or  gravel  not  to  exceed  3-4  of  an  inch  in 
its  greatest  dimensions,)  Grand  River  sand  and  Portland 
cement,  which  shall  be  mixed  dry  in  the  following  measured 
proportions,  viz. : 3 parts  stone  or  gravel*.  2 parts  sand  and  one 
part  cement,  and  then  sufficient  clean  water  shall  be  added  by 
sprinkling,  while  the  material  is  constantly  worked,  until  it 
becomes  a thorough  and  plastic  mortar.  This  mass  shall  be 
spread  upon  the  sub-foundation  and  rammed  until  all  the  in- 
terstices are  thoroughly  filled  with  the  cement. 

The  finishing  or  wearing  course  shall  consist  of  a stiff 
mortar  composed  of  equal  parts  of  Portland  cement  and  good 
coarse  clean  Grand  River  sand,  or  some  other  as*  good,  to 
be  laid  to  a depth  of  one-half  inch,  carefully  smoothed  to  an 
even  surface  and  throughly  troweled.  Walks  shall  be  cut 


City  Ordinances 


193 


into  blocks  of  not  more  than  30  square  feet  and  to  insure  com- 
plete separation  of  blocks  the  groove  shall  be  cut  through  into 
the  ground  base  with  a spud  or  trowel. 

When  the  pavement  is  completed  it  shall  not  be  open  for 
travel  for  a period  of  three  days  and  shall  be  kept  constantly 
watered  for  at  least  2 days  after  completion. 

Brick  Walk — Specifications  of  Grading. — All  grading 
shall  be  the  same  as  provided  in  specifications  for  artificial 
stone  walks. 

Foundation. — A foundation  of  4 inches  of  good  clean 
coarse  Grand  River  sand  or  some  other  as  good,  shall  be  laid 
upon  the  sub-grade  and  struck  to  an  even  surface  with  a tem- 
plate board  moved  along  guide  boards. 

Bricks , How  Laid , Size,  Etc. — Upon  the  sand  founda- 
tion thus  prepared  shall  be  set  the  bricks,  the  same  to  be  set 
flat,  and  the  longest  dimensions  at  an  angle  of  45  degrees 
with  the  street  lines.  The  brick  shall  be  of  the  best  quality 
sidewalk  brick  and  of  the  usual  dimensions,  viz : 2x4x8  inches. 
They  must  be  whole  brick,  thoroughly  burned,  uniform  in 
size,  shape  and  structure  and  free  from  warps  and  other  dis- 
tortions. 

The  bricks  must  be  carefully  set  on  the  sand  foundation 
so  as  to  break  joints  at  least  3 inches  with  the  bricks  of  the 
preceding  course  and  close  jointed  ends  and  sides.  On  the 
bricks  so  laid  shall  be  placed  a layer  of  sand  sufficient  to  fill 
the  joints,  the  same  to  be  thoroughly  broomed  or  brushed 
into  all  the  cracks  or  joints  between  the  bricks. 

Curbing. — A curbing  to  consist  of  brick  shall  be  set  end- 
wise along  both  edges  of  the  walk,  same  to  be  close  and  com- 
pact and  shall  lack  at  least  one  inch  of  being  flush  with  the 
surface  of  the  walk.  The  finished  surface  of  the  walk  must 
conform  to  the  grade  and  alignment  stakes  as  set  by  the  engi- 
neer. When  a brick  curbing  is  impracticable,  a curbing  shall 
be  built  and  constructed  as  provided  by  ordinance  ordering 
same. 

Sec.  7.  Width  of  Sidezmlk,  Shall  Be  Uniform. — The 
width  of  all  sidewalks  shall  be  uniform  along  each  street, 
lane,  avenue,  or  highway,  unless  a change  shall  be  deemed 
necessary  in  which  case  such  change  may  be  permitted  by  the 
city  council,  provided,  that  no  change  in  width  or  material, 
in  the  building  and  constructing  of  any  sidewalk,  shall  be  per- 
mitted so  as  to  change  the  uniformity  of  sidewalks  in  the  same 
block  and  on  same  side  of  the  street  or  other  highway. 


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Sec.  8.  Shall  Advertise  for  Bids;  Awarding  of  Contract; 
And  Bond. — After  the  city  council  has  passed  an  ordinance 
for  the  constructing  and  building  of  any  sidewalk  on  or  along 
any  street,  lane,  alley,  avenue  or  highway,  the  city  auditor 
shall  at  once  advertise  in  the  official  paper  of  the  city  for 
sealed  bids  for  the  doing  of  the  work  and  furnishing  the  ma- 
terial in  building  and  constructing  (including  necessary  grad- 
ing, excavating  and  filling)  of  such  sidewalk  or  sidewalks, 
the  first  insertion  of  said  advertisement  shall  be  at  least  20 
days  prior  to  the  day  specified  for  the  opening  of  such  bids, 
upon  which  day  the  city  auditor  in  conjunction  with  the  city 
engineer  and  city  treasurer,  shall  examine  all  the  proposals 
received,  and  the  contract  shall  be  awarded  to  the  lowest  re- 
sponsible bidder,  provided  such  bid  does  not  exceed  the  esti- 
mate of  the  city  engineer,  and  upon  the  approval  of  such 
award  by  the  city  council,  the  mayor  shall  execute  in  behalf 
of  the  city  contracts  in  triplicate  with  the  successful  bidder 
or  bidders,  which  said  contract,  which  said  contracts  shall  be 
executed  within  10  days  after  the  approval  of  such  award  and 
each  of  which  shall  be  countersigned  by  the  city  clerk  under 
his  official  seal;  and  a copy  thereof  shall  be  filed  with  the  city 
auditor;  one  shall  be  delivered  to  the  city  engineer  and  the 
third  to  the  contractor;  provided  that  the  city  council  shall 
have  the  right  to  reject  any  and  all  bids.  Provided,  further, 
that  the  person  to  whom  the  contract  is  awarded  shall  within 
10  days  thereafter  file  his  bond  with  the  city  clerk,  in  double 
the  amount  of  said  contract  with  good  and  sufficient  sureties, 
to  be  approved  by  the  mayor,  conditioned  to  hold  the  city  of 
Chillicothe,  Missouri,  free  and  clear  from  any  and  all  claims, 
charges  and  liens  for  material,  work  and  labor  used  or  done 
in  said  sidewalk  o*r  sidewalks  and  for  any  and  all  claims, 
charges,  damages  or  costs,  resulting  by  reason  of  any  negli- 
gence or  unskillfulness  of  the  said  contractor  or  any  of  his 
servants,  agents  or  employes,  and  conditioned  to  make  all 
repairs  made  necessary  by  defective  workmanship  or  material, 
for  two  years  after  the  completion  thereof. 

Sec.  9.  Cost  to  he  Computed;  Special  Tax  Bill  to  Issue 
Against  Property. — When  any  sidewalk  or  sidewalks  along 
and  in  front  of  any  property,  lot,  block  or  portion  thereof, 
on  any  street,  alley,  lane,  avenue  or  highway,  shall  have  been 
completed  by  any  contractor,  and  accepted  by  the  city  engi- 
neer and  city  council,  as  provided  by  this  ordinance,  the  engi- 
neer shall  at  once  compute  the  cost  and  expense  to  be  charged 


City  Ordinances 


195 


against  each  property,  lot  or  piece  of  ground,  in  the  manner 
provided  in  this  ordinance,  and  report  the  same  in  writing  to 
the  city  council.  The  contractor  receiving  the  contracts  for 
such  improvements  shall  receive  pay  for  same  and  for  all 
work,  labor  and  materials  in  special  tax  bills  against  the  prop- 
erty liable  therefor  as  provided  in  this  ordinance. 

Sec.  10.  Property  Liable  for  Costs;  Acceptance;  Tax 
Bill;  Lien  on  Property;  to  Draw  Interest;  Suits  on  Tax  Bill; 
City  Not  Liable  For  Costs. — Whenever  a sidewalk  shall  be 
built  and  constructed,  each  lot  or  piece  of  ground  in  front  of 
or  along  which  such  sidewalk  is  built  or  constructed,  shall  be 
liable  for  the  cost  and  expense  of  such  improvement,  includ- 
ing necessary  grading,  excavating  and  filling;  before  the  city 
council  shall  assess  the  cost  and  expense  for  the  construction 
or  reconstruction  of  any  sidewalk  against  any  lot  or  piece  of 
ground  for  such  improvements,  the  same  shall  have  been  ac- 
cepted by  the  city  engineer  who  shall  report  his  acceptance 
in  writing  to  the  city  council,  and  said  sidewalk  shall  be  ac- 
cepted by  the  city  council.  After  the  city  engineer  files  ac- 
ceptance and  said  work  is  accepted  by  the  council  and  cost 
thereof  computed,  the  city  council  shall  by  ordinance,  assess 
and  levy  the  amount  of  the  cost  and  expense  of  making  such 
improvement,  against  each  lot  or  piece  of  ground  and  property 
in  front  of  and  along  which  said  sidewalk  is  built  and  con- 
structed for  the  amount  of  such  cost  and  expense,  as  afore- 
said, and  cause  a special  tax  bill  to  be  made  out  by  the  city 
engineer  in  favor  of  the  contractor,  against  each  lot  or  piece 
of  ground  so  in  front  of  or  along  which  Said  sidewalk  is  built 
and  constructed,  and  the  owner  thereof,  which  tax  bill  when 
made  out  and  properly  certified  by  the  city  engineer  and 
signed  by  the  mayor,  attested  by  the  city  clerk  and  the  seal 
of  the  city  as  provided  by  this  ordinance,  shall  be  a lien 
against  the  lot  or  piece  of  ground  described  therein,  and  shall 
be  delivered  to  the  contractor  in  full  payment  for  the  doing 
of  such  work  and  labor  and  furnishing  the  material  for  such 
sidewalk,  and  if  not  paid  by  the  owner  or  owners  of  the  lot 
or  pieces  of  ground  described  in  the  tax  bill,  within  30  days 
from  the  time  the  same  is  issued,  shall  draw  interest  at  the 
rate  of  10  per  cent  per  annum  after  30  days  from  the  date  of 
issue  thereof,  and  if  not  paid  in  six  months  from  the  date  of 
issuance,  to  bear  15  per  cent  interest  per  annum  until  paid; 
and  in  case  the  owner  of  the  property  liable  for  the  special  tax 
is  a non-resident  of  the  state,  suit  may  be  brought  as  in  other 


196 


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suits  in  rem  against  non-residents.  Suits  may  be  brought  on 
such  special  tax  bills  in  the  name  of  the  city  to  the  use  of  the 
holder  thereof  in  any  court  having  jurisdiction  of  suits  for  the 
collection  of  the  delinquent  taxes  of  the  city,  and  such  suits 
shall  be  governed  by  the  same  rules,  and  like  proceedings  had 
on  judgments  as  provided  for  the  enforcement  and  collec- 
tion of  the  city’s  delinquent  taxes  by  suits  in  court;  such 
special  tax  bills  shall  in  any  action  thereon  be  prima  facie  evi- 
dence of  the  regularity  of  the  proceedings  for  such  special 
assessments,  of  the  validity  of  the  bill,  of  the  doing  of  the 
work,  and  of  the  furnishing  of  the  materials  charged  for, 
and  of  the  liability  of  the  property  to  the  charge  stated  in  the 
bill.  The  delivery  of  the  said  tax  bills  to  the  contractor  who 
did  the  work  and  furnished  the  material  shall  be  sufficient  to 
entitle  the  holder  thereof  to  enforce  the  payment  and  lien  as 
provided  by  this  ordinance,  but  the  city  shall  not,  in  any  event, 
be  liable  for  any  costs  that  may  accrue  in  actions  brought  by 
the  contractor  or  assignee  to  enforce  the  collection  and  lien 
against  the  property  described  in  such  special  tax  bills. 

Sec.  11.  Corner  Lots;  Owner  Liable  For  Cost. — The 
owner  or  owners  of  corner  lots  or  pieces  of  ground  in  each 
block  or  sub-division  thereof,  shall  be  liable  for  the  cost  of 
building  and  constructing  sidewalks  across  the  squares  or 
areas  formed  by  the  intersection  or  meeting  of  sidewalks 
at  corner  lots  or  pieces  of  ground  in  each  block  or  sub-divi- 
sion thereof,  to  the  outside  sidewalk  curb  line,  each  way,  and 
said  cost  shall  be  a lien  thereon  and  paid  for  as  herein  pro- 
vided, and  the  city  shall  pave,  build  and  construct  the  exten- 
tions  of  such  sidewalks,  at  such  corner  lots  or  pieces  of  ground 
in  each  block  or  sub-division  thereof,  to  the  adjacent  curb 
line  of  the  pavement  in  the  street  in  front  of  all  corner  lots 
or  pieces  of  ground,  each  way,  on  all  paved  streets  or  high- 
ways in  the  city. 

Sec.  12.  To  Re-Advertise  When  no  Bids  Received. — If 
after  having  advertised  for  bids. for  the  building  and  con- 
structing of  sidewalks  under  any  ordinance  and  no  bids  are 
received,  the  city  council  may  cause  the  same  to  be  re-adver- 
tised  by  the  city  auditor,  for  bids  in  the  same  manner  as  in 
the  first  instance  under  the  ordinance  or  ordinances  thereto- 
fore passed  authorizing  said  improvements. 

Sec.  13.  City  to  Construct  Sidewalk,  When;  Property 
Liable;  Tax  Bill  in  Favor  of  City;  Tax  Bill  Assignable. — 
Whenever  the  city  shall  have  by  ordinance  provided  for  the 


City  . Ordinances 


197 


building  and  construction  of  any  sidewalk  and  shall  have  ad- 
vertised in  the  manner  provided  in  this  ordinance,  for  bids 
for  building  and  constructing  same,  and  shall  receive  no  bids 
therefor  and  shall  have  re-advertised  as  provided  herein  for 
bids  for  construction  of  such  sidewalks  and  shall  receive  no 
bids  therefor,  the  city  may  proceed  to  build  and  construct  any 
such  sidewalk  at  its  own  expense.  In  all  such  cases  such  build- 
ing and  construction  shall^be  done  under  the  supervision  and 
direction  of  the  city  engineer.  Said  city  engineer  shall  keep 
an  accurate  account  of  the  amount  expended  for  labor  and 
material,  including  necessary  grading,  excavating  and  filling 
in  front  of  and  along  each  piece  of  property,  lot  or  lots,  and 
present  the  same  to  the  city  council  for  assessment.  Each 
piece  of  property,  lot  or  lots  in  front  of  and  along  which  side- 
walks are  built  and  constructed  shall  be  liable  for  the  cost 
thereof,  and  reported  to  the  council  by  the  city  engineer;  and 
the  cost  of  building  and  constructing  each  sidewalk  shall  be 
assessed  by  ordinance  by  the  city  council  against  each  piece 
of  property,  lot  or  lots  in  front  of  and  along  which  such  side- 
walk is  built  and  constructed ; and  the  city  engineer  shall  is- 
sue tax  bills  payable  to  the  city  against  each  piece  of  property, 
lot  or  lots  for  the  amount  for  which  it  is  liable. 

And  all  tax  bills  shall  be  assignable  and  shall  be  a lien 
on  the  piece  of  property,  lot  or  lots  described  therein  until 
paid  and  shall  be  collectible  in  any  action  brought  in  the  name 
of  the  city  to  the  use  of  the  holder  thereof  or  in  any  action 
brought  by  the  city  in  its  own  name  and  for  its  own  use. 
But  where  any  such  tax  bill  has  been  assigned,  the  city  shall 
not  in  any  event  be  liable  for  any  cost  which  may  accrue  in 
any  action  thereon,  nor  will  the  city  be  liable  for  the  amount 
of  any  tax  bill  after  the  same  is  so  assigned. 

Section  14.  Tax  Bills  to  be  Registered ; Delivered  to 
Contractor;  Receipt. — The  city  clerk  shall  register  all  tax  bills 
issued  as  aforesaid  in  his  office  and  deliver  the  same  to  the 
contractor  entitled  to  them,  and  take  a receipt  of  such  con- 
tractor in  full  for  all  claims  against  the  city  of  Chillicothe, 
Missouri,  on  account  of  work  and  materials,  for  the  building 
and  constructing,  including  necessary  grading,  excavating  or 
filling  of  sidewalks  in  front  of  and  along  any  lot  or  piece  of 
ground  described  in  such  special  tax  bill  or  bills,  and  the  city 
shall  not  be  held  liable  to  the  contractor  or  his  assigns  in  any 
suit  at  law  or  in  equity  on  account  of  such  tax  bills. 

Sec.  15.  Special  Tax  Bill  to  be  Made  by  City  Engineer; 


198 


' City  Ordinances 


What  it  Shall  Contain. — The  city  engineer  shall  make  out  the 
special  tax  bills  for  the  amount  of  the  tax  to  be  paid  by  the 
owner  of  each  piece  of  property,  lot  or  lots  liable  for  the  cost 
of  the  building  and  constructing  of  sidewalks,  and  shall  de- 
scribe therein  the  piece  of  property,  lot  or  lots  liable  for  such 
improvements  and  the  name  of  the  owner  thereof  and  the 
street  and  the  side  thereof  where  built,  the  amount  for  which 
said  property  or  lot  is  liable,  the  material  of  which  such  walk 
is  built  and  constructed,  the  length  and  width  of  said  walk, 
number  and  date  of  passage  of  ordinance  under  which  such 
walk  was  built  and  constructed;  shall  state  the  completion 
and  acceptance  of  said  walk,  number  and  date  of  passage  of 
ordinance  levying  and  assessing  such  tax,  the  rate  of  interest 
the  same  should  bear  and  the  date  of  issuance  of  such  tax 
bill,  all  of  said  tax  bills  to  be  signed  by  the  city  engineer  and 
delivered  to  the  city  clerk  who  shall  attest  the  same  by  his 
signature  and  have  the  mayor  sign  the  same. 

Section  16.  Special  Tax  Bills;  How  Paid , Etc. — Special 
tax  bills  for  the  building  and  construction  of  sidewalks,  is- 
sued under  this  ordinance,  may  be  paid  in  three  annual  in- 
stallments, one-third  in  one  year,  one-third  in  two  years,  and 
one-third  in  three  years,  from  the  date  of  the  issue  thereof, 
each  payment  to  bear  interest  from  date  of  issue  to  date  of 
payment  as  named  in  this  section;  provided,  that  the  owner 
of  any  property,  lot  or  lots  fronting  on  such  street,  alley,  lane, 
avenue  or  highway,  in  front  of  and  along  which  a sidewalk 
may  be  ordered  built  and  constructed  as  provided  by  this  or- 
dinance, shall  within  10  days  after  the  letting  of  the  contract 
for  the  building  and  construction  of  any  such  sidewalk,  notify 
the  city  clerk  in  writing,  that  he  desires  to  pay  for  the  same 
in  three  annual  payments,  in  such  cases  the  city  clerk  shall 
notify  the  city  engineer  of  the  desire  of  such  owner,  and  the 
city  engineer  shall,  in  such  cases,  make  out  three  special  tax 
bills  each  for  one-third  part  of  the  cost  of  such  work  and  im- 
provement, each  to  bear  interest  at  the  rate  of  8 per  cent  per 
annum  and  deliver  the  same  to  the  contractor.  Each  and 
every  such  tax  bill  shall  be  a lien  on  such  lot  or  parcel  of 
ground  therein  described,  and  such  lien  shall  continue  for  one 
year  from  maturity  of  the  tax  bill  last  becoming  due  until 
paid,  or  until  the  final  determination  of  any  legal  proceed- 
ings to  collect  the  same;  but  no  such  suit  shall  be  brought  on 
same  until  after  the  maturity  of  all  such  tax  bills. 


City  Ordinances 


199 


Sec.  17.  All  Sidewalks  to  be  Built  According  to  Re- 
quirements Named  in  This  Ordinance. — Except  when  permis- 
sion is  given  by  the  city  council  by  ordinance,  all  sidewalks 
hereafter  built  and  constructed  shall  be  done  by  contract  in 
the  manner  and  under  the  requirements  named  in  this  ordi- 
nance. No  property  owner,  contractor,  corporation  or  any 
other  person  whatsoever  shall  build  and  construct  any  side- 
walk upon  or  along  any  public  street,  alley,  lane,  avenue  or 
highway  or  any  part  thereof,  within  the  city,  of  a different 
width,  or  upon  a different  grade,  or  of  different  material,  or 
in  a different  manner  in  any  respect  from  the  particulars  and 
conditions  and  specifications  and  requirements  laid  down  and 
provided  in  this  ordinance. 

Sec.  18.  Deed  by  Collector. — The  city  collector  shall 
execute  to  the  purchaser  of  real  estate  under  this  ordinance  a 
deed  for  the  property  sold  and  shall  acknowledge  such  deed 
before  any  officer  authorized  to  acknowledge  deeds  in  Liv- 
ingston county,  Missouri. 

Sec.  19.  Not  to  Invalidate  any  Contracts,  Etc. — All  con- 
tracts, rights  and  benefits  made,  accruing  and  attaching  to  any 
person  or  corporation  or  vesting  in  any  one,  and  all  liabilities 
created  by  any  prior  or  other  ordinances  or  laws  of  the  city 
of  Chillicothe,  Missouri,  shall  not  be  affected  or  invalidated 
hereby. 

Passed  and  approved  this  15th  day  of  June,  1908. 

ORDINANCE  No.  25. 

An  Ordinance  in  Relation  to  the  Repairing  of  Sidewalks 
at  the  Expense  of  the  Owner  of  Property  in  Front  of 
Same — Duty  of  City  Engineer — Cost  to  Be  Levied 
Against  Property — Lien — How  Enforced. 

Section  1.  Duty  of  Owner  to  Keep  in  Repair — En- 
gineer to  Report  to  Council  — Resolution,  Etc.  — Be  it  or- 
dained by  the  mayor  and  city  council  of  the  city  of  Chilli- 
cothe : It  shall  be  the  duty  of  all  property  owners  to  keep 
sidewalks  in  front  of  their  property  in  good  repair  at  their 
own  expense.  When  any  sidewalk  or  part  thereof  becomes 
out  of  repair  or  unsafe  for  public  use,  and  the  owner  or  own- 
ers of  property  in  front  of  such  sidewalk  shall  fail  or  neglect 
to  repair  the  same,  it  shall  be  the  duty  of  the  city  engineer  to 
report  the  same  to  the  city  council,  and  it  shall  be  the  duty  of 
the  city  council  on  receiying  such  report  to  pass  a resolution 


200 


City  Ordinances 


ordering  such  sidewalk  or  sidewalks  or  parts  thereof  to  be 
repaired  by  the  owner  or  owners  of  the  property  in  front  of 
same  at  his  or  their  expense.  It  shall  be  the  duty  of  the  city 
clerk  to  make  out  a certified  copy  of  such  resolution  and  de- 
liver the  same  to  the  city  engineer  whose  duty  it  shall  be  to 
serve  the  same  upon  the  owner  or  owners  of  the  property  de- 
scribed in  the  resolution. 

Sec.  2.  Resolution  How  Served. — The  city  engineer 
shall  serve  the  said  resolution  upon  the  owner  or  owners  of 
the  property  by  delivering  a copy  of  same  to  such  owner  or 
pwners  or  by  leaving  a copy  of  same  at  his  or  her  usual  place 
of  abode  with  some  member  of  his  or  her  family  over  the  age 
of  fifteen  years.  If  the  owner  or  owners  after  being  served 
with  notice  as  aforesaid,  shall  neglect  or  refuse  to  repair  such 
sidewalk  or  sidewalks  or  parts  thereof  within  fifteen  days 
from  the  date  of  service  of  copy  of  the  resolution,  the  city 
engineer,  without  further  notice  or  action  by  the  city  council, 
shall  cause  the  sidewalk  or  sidewalks  or  parts  thereof  to  be 
repaired  and  put  in  a safe  condition  at  the  expense  of  the  city, 
and  report  the  amount  of  the  expense  and  cost  of  repairing  the 
same  by  itemized  statement  to  the  city  council,  and  thereupon 
the  council  shall  by  resolution,  levy  the  same  against  each  lot, 
lots  or  property,  and  the  same  shall  constitute  a lien  thereon, 
and  the  city  auditor  shall  issue  a special  tax  bill  against  the 
lot,  lots  or  property,  and  the  same  shall  be  collected  as  herein 
provided. 

Sec.  3.  If  the  Resolution  Cannot  be  Served  Personally , 
to  be  by  Publication. — If  the  resolution  named  in  Section  two 
of  this  ordinance  cannot  be  served  personally  in  the  state  as 
provided  in  said  section,  or  if  the  owner  or  owners  are  un- 
known and  cannot  be  personally  served,  the  engineer  shall  re- 
port such  fact  to  the  council,  and  the  council  shall  direct  the 
engineer  to  cause  four  weeks’  notice  to  be  published  in  the 
English  language  in  the  official  paper  of  the  city  setting  forth 
the  facts  contained  in  the  resolution  named  in  said  section. 
The  cost  of  such  publication  shall  be  levied  against  the  prop- 
erty liable  to  be  taxed  for  cost  and  expense  of  making  such 
repairs,  and  collected  in  the  same  manner. 

Sec.  4.  Tax  Bill  Attested  by  City  Clerk — City  Collector 
to  Collect , if  Not  Paid  in  30  Days  Sued  on  by  City  Attorney. 
— The  city  auditor  shall,  when  said  special  tax  bill  is  made  out 
and  attested  by  the  city  clerk,  and  certified  to  by  the  treasurer 


City  Ordinances 


201 


of  said  city,  charge  the  city  collector  with  the  amount  thereof 
and  deliver  the  same  to  the  city  collector,  whose  duty  it  shall 
be  to  collect  the  same.  It  shall  be  the  duty  of  the  city  collec- 
tor to  notify  the  owner  or  owners  of  the  property  that  the  said 
special  tax  bill  is  in  his  hands  for  collection  and  if  the  same  is 
not  paid  in  twenty  days  after  date  of  said  notice,  he  shall  then 
turn  the  same  over  to  the  city  attorney,  who  shall  bring  suit 
thereon ; every  special  tax  bill  for  repairing  sidewalks  shall 
bear  interest  at  the  rate  of 'eight  per  cent  per  annum  from 
date,  and  when  suit  is  brought,  the  city  shall  be  entitled  to  re- 
cover the  amount  due  the  city  with  all  cost  and  interest  and 
enforce  its  lien  by  sale  of  the  property. 

Sec.  5.  Tax  Bill  Prima  Facie  Evidence. — Such  special 
tax  bill  shall  in  any  action  thereon  be  prima  facie  evidence  of 
the  regularity  of  the  proceedings,  for  such  special  assessment 
and  levy,  of  the  validity  of  the  bill,  of  the  doing  of  the  work 
and  of  the  furnishing  of  the  material  charged  for  and  of  the 
liability  of  the  property  to  the  charge  stated  in  the  bill,  and 
that  the  amount  named  therein  is  correct  and  a valid  lien  on 
said  property. 

Sec.  6.  Suits — -How  Brought. — Suits  under  this  ordi- 
nance shall  be  brought  in  the  name  of  the  city  at  the  relation 
and  to  the  use  of  the  collector,  ^.nd  the  judgment  shall  be  a 
special  judgment  against  the  property  and  special  execution 
may  be  issued  on  the  same  and  the  property  sold  to  satisfy 
such  judgment  lien  with  interest  and  costs;  Provided,  the 
owner  or  owners  of  such  property  or  lot  may  pay  to  the  city 
collector  the  amount  against  the  property  with  interest  and 
costs  at  any  time  before  any  such  property  is  sold. 

Passed  and  approved  this  the  19th  day  of  April,  1909. 

ORDINANCE  No.  28. 

An  Ordinance  Making  It  a Misdemeanor  for  any  Person, 
Firm  or  Corporation,  or  the  Agent,  Servant  or  Con- 
tractor of  Such  Person,  Firm  or  Corporation  to  Build 
and  Construct,  or  to  Commence  to  Build  and  Con- 
struct, a Sidewalk  Inside  the  Limits  of  the  City  of 
Chillicothe,  Missouri,  of  a Different  Width  or  Grade 
or  of  Different  Materials,  or  in  Any  Manner  Differ- 
ent From  the  Plans  and  Specifications  Contained  in 
General  Sidewalk  Ordinance  No.  24,  Without  First 
Having  Obtained  Written  Permission  From  the  City 


202 


City  Ordinances 


Council;  and  Making  It  a Misdemeanor  for  Failing  to 

Erect  Barriers,  While  Constructing  Sidewalks,  and  for 

Damaging  Any  Sidewalk. 

Section  1.  Unlawful  to  Build  Sidewalk — Different 
From  Plans  and  Specifications  Contained  in  Ordinance  No. 
24. — Be  it  ordained  by  the  mayor  and  city  council  of  the  city 
of  Chillicothe,  Missouri':  That  it  shall  be  unlawful  for  any 

person,  firm  or  corporation  owning  any  lot  or  piece  of  ground 
inside  the  limits  of  said  city,  or  the  agent,  servant  or  contrac- 
tor of  such  person,  firm  or  corporation,  to  build  and  construct, 
or  to  commence  to  build  and  construct  in  front  of  and  adjoin- 
ing any  lot  or  piece  of  ground  in  the  city,  a sidewalk  or  side- 
walks on  any  public  alley,  street  or  highway  or  part  thereof, 
of  a different  material  or  width,  or  upon  a different  grade,  or 
construct  the  same  in  any  manner  contrary  to  the  plans  and 
specifications  contained  in  section  six  of  general  sidewalk  or- 
dinance No.  24,  passed  and  approved  by  the  city  council,  on 
the  15th  day  of  June,  1908,  and  now  in  force  in  said  city; 
without  first  having  obtained  the  written  consent  of  the  city 
council  as  provided  in  section  seventeen  of  said  ordinance  N6. 
24;  and  said  section  six  and  seventeen  of  said  ordinance  are 
hereby  adopted  and  made  a part  of  this  section  and  ordinance. 
And  no  person,  firm  or  corporation,  or  the  agent,  servant  or 
contractor  of  such  person,  firm  or  corporation  shall  construct 
or  commence  to  construct  any  sidewalk  in  front  of  any  prop- 
erty, on  any  Street,  alley  or  avenue  in  the  city  of  Chillicothe, 
Missouri,  without  first  having  obtained  the  written  permis- 
sion of  the  city  council. 

Sec.  2.  Persons  Violating  Ordinance ; Prosecution;  Mis- 
demeanor.— It  shall  be  the  duty  of  the  city  engineer  or  street 
commissioner  having  knowledge  or  information  that  any  per- 
son, firm  or  corporation,  or  the  agent,  servant  or  contractor  of 
such  person,  firm  or  corporation  is  constructiiig  a sidewalk  or 
sidewalks  on  any  of  the  public  alleys,  streets  or  highways,  or 
any  part  thereof,  adjoining  any  lot  or  piece  of  ground  in  said 
city,  in  violation  of  and  contrary  to  any  of  the  provisions  of 
section  one  of  this  ordinance,  without  the  written  consent  of  the 
city  council,  to  order  the  person  or  persons  doing  the  work  to 
stop  the  work  of  constructing  such  sidewalk  or  sidewalks,  and 
on  failure  or  neglect  to  comply  with  such  order,  the  city  en- 
gineer or  street  commissioner  shall  immediately  report  the 
facts  to  the  city  attorney,  whose  duty  it  shall  be  to  file  a com- 
plaint against  all  persons  engaged  in  the  construction  of  such 


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203 


sidewalk  or  sidewalks  charging  them  with  a violation  of  this 
ordinance  or  any  of  its  provisions,  as  reported  to  him  by  the 
city  engineer,  and  a warrant  shall  be  issued  for  the  arrest  of 
the  party  or  parties  named  in  the  complaint,  and  all  such  par- 
ties shall  be  prosecuted  before  the  city  recorder  as  for  a mis- 
demeanor and  on  conviction  shall  be  fined  as  herein  provided. 

Sec.  3.  Separate  Offense — When.  — If  any  person  or 
persons  named  in  section  two  of  this  ordinance  shall  have 
been  arrested  for  violating  any  of  the  provisions  of  section 
one  of  this  ordinance,  shall  neglect  or  refuse  to  stop  the  work 
of  constructing  such  sidewalk  or  sidewalks,  the  construction 
of  which  is  prohibited  by  said  section,  such  person  or  persons 
shall  be  deemed  guilty  of  a new  and  separate  offense  under 
this  ordinance,  and  may  be  again  arrested,  tried  and  convicted 
for  such  separate  offense,  and  fined  as  herein  provided. 

Sec.  4.  To  Erect  Barriers  Across  Walk;  Failure — Of- 
fense— Penalty. — It  shall  be  the  duty  of  all  contractors  or  the 
agent,  servant  or  employe  of  any  person  or  corporation  en- 
gaged in  the  construction  or  repair  of  any  sidewalk  or  side- 
walks in  this  city  to  erect  a fence  or  substantial  barriers  across 
each  end  of  the  sidewalk  right  of  way,  in  front  of  the  property 
on  any  alley,  street,  avenue  or  highway  where  such  sidewalk 
or  sidewalks  is  to  be  built,  at  the  time  of  commencing  the  con- 
struction of  such  sidewalk  or  sidewalks  so  as  to  prevent  travel 
on  such  sidewalk  while  the  improvement  is  being  made.  Any 
failure  to  comply  with  this  section  by  any  contractor,  agent, 
servant  or  employe  of  any  person  or  corporation,  shall  be 
deemed  guilty  of  a misdemeanor  and  on  conviction  shall  be 
fined  not  less  than  five  nor  more  than  two  hundred  dollars. 

Sec.  5.  Defacing  Sidewalk ; Penalty. — Any  person  or 
persons  who  shall  intentionally  mar  or  do  any  injury  to  any 
artificial  stone  or  granitoid  sidewalk  in  the  city  of  Chillicothe, 
Missouri,  by  defacing  the  surface  of  the  same,  by  stepping 
upon  or  walking  on,  or  by  marking  or  writing  thereon,  or 
shall  deface  the  same  in  any  manner  whatsoever  while  such 
walk  is  in  process  of  construction  and  before  the  surface  of 
the  same  shall  become  firmly  set  and  hard,  or  who  shall  in- 
tentionally do  any  damage  or  injury  to  any  sidewalk  or  side- 
walks of  whatever  material  constructed,  in  any  manner  or  by 
any  means  whatsoever,  shall  on  conviction  be  deemed  guilty 
of  a misdemeanor  and  fined  not  less  than  five  nor  more  than 
two  hundred  dollars. 


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Sec.  6.  Penalty. — Any  person  charged  with  a violation 
of  sections  one,  two  and  three  or  any  provisions  of  the  same 
shall  on  conviction  be  deemed  guilty  of  a misdemeanor  and 
fined  not  less  than  fifty  nor  more  than  two  hundred  dollars. 
Passed  and  approved  this  24th  day  of  August,  1908. 

ORDINANCE  No.  27. 

An  Ordinance  to  Refund  at  a Lower  Rate  of  Interest  the 
Thirty  Thousand  Dollars  Known  as  the  Paving  or 
Macadam  Bonds,  of  the  City,  Heretofore  Issued  by 
the  City  Under  Ordinance  No.  67,  of  the  Revised  Or- 
dinances of  the  City. 

Whereas,  The  mayor  and  city  council  being  desirous  to 
refund  the  bonds  of  the  city  known  as  the  paving  or  macadam 
bonds  heretofore  issued  and  now  outstanding  against  the  city  to 
the  amount  of  thirty  thousand  dollar^,  and  bearing  interest  at 
the  rate  of  five  per  cent  per  annum,  payable  semi-annually.  The 
issue  of  said  bonds  having  been  authorized  by  a vote  of  the 
people  under  an  ordinance  of  the  city  council  now  known  as 
ordinance  No.  LXVII  of  the  last  revised  ordinances  of  the 
city;  and, 

Whereas,  Said  bonds  were  issued  and  the  entire  amount 
of  the  proceeds  thereof  used  by  the  city  for  the  paving  and 
guttering  the  principal  streets  of  said  city,  and  such  improve- 
ment was  not  made  upon  petition  of  a majority  of  the  property 
holders  fronting  on  the  street  or  avenue  so  improved  and  the 
charging  of  such  work  or  improvement  against  such  property, 
would  from  its  magnitude  be  extraordinarily  burdensome  on 
the  owners  thereof,  and  such  work  and  improvement  was  and 
is  for  the  general  benefit  of  the  entire  city,  and;  whereas, 
Section  3,  of  said  ordinance  is  in  words  and  figures  as  fol- 
lows : 

“Sec.  3.  That  said  bonds  shall  be  due  and  payable  in 
twenty' years  from  the  date  of  the  issue  thereof,  but  said  bonds 
shall  also  stipulate  that  at  the  option  of  the  city  they  shall  be- 
come due  and  payable  at  any  time  after  five  years  from  the  date 
of  the  issue  thereof,  and  each  of  said  bonds  shall  be  made 
payable  to  bearer,  and  shall  draw  interest  at  the  rate  of  five 
percent  per  annum  from  date,  payable  semi-annually,  and 
both  principal  and  interest  shall  be  payable  at  the  office  of  the 
treasurer  of  the  city  of  Chillicothe. 

“ Provided , That  no  interest  on  said  bonds  shall  be  paid 


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205 


except  on  clue  presentation  of  the  coupon  or  coupons,  there- 
fore, and  whereas,  the  mayor  and  city  council  of  the  city  of 
Chillicothe,  Missouri,  deem  it  expedient  that  the  said  thirty 
thousand  dollars  as  aforesaid  be  refunded  at  a lower  rate 
of  interest,  as  may  be  done  under  a recent  act  of  the  legislature 
of  the  State  of  Missouri,  passed  and  approved  on  the  9th  day 
of  1899.” 

Therefore. 

Sec.  1.  City  Council  Authorized  to  Issue  Bonds.  Be 
it  Ordained  by  the  Mayor  and  City  Council  of  the  City  of 
Chillicothe , Missouri , as  follows : That  the  city  council  is 

hereby  authorized  for  the  purpose  heretofore  named  and  set 
forth,  to  issue  bonds  on  the  credit  of  the  city  to  the  amount 
of  thirty  thousand  (30,000)  dollars,  which  bonds  shall  bear 
interest  not  to  exceed  the  rate  of  four  per  centum  per  annum, 
interest  payable  semi-annually. 

Sec.  2.  Designating  Denomination  of  Said  Bonds. — The 
principal  in  said  bonds  shall  be  due  and  payable  in  twenty  years 
after  date  of  their  issue  and  shall  bear  date  the  first  day  of 
January,  1900.  Each  of  said  bonds  shall  be  of  the  denomin- 
ation of  five  hundred  dollars,  and  shall  be  numbered  pro- 
gressively and  not  to  exceed  the  amount  of  said  thirty  thousand 
dollars,  and  said  bonds,  and  each  of  them,  shall  be  paid  to 
bearer  with  interest  coupons  attached  to  each  bond,  payable 
to  bearer,  to  correspond  to  face  of  bond.  Each  of  said  bonds 
and  coupons  shall  be  signed  by  the  mayor  and  attested  by  the 
city  clerk,  and  said  bonds,  but  not  said  coupons,  shall  have  the 
corporate  seal  of  the  city  attached,  and  said  bonds  and  coupons 
shall  be  countersigned  by  the  city  auditor,  who  shall  cause 
said  bonds  to  be  registered  in  the  proper  books  as  provided 
by  the  city  charter.  When  said  bonds  shall  be  signed  and 
attested  as  aforesaid  and  registered  in  the  office  of  the  state 
auditor,  they  shall  be  delivered  to  the  city  treasurer,  as  Sec- 
tion three  (3)  of  this  ordinance  provides.  The  treasurer  shall 
hold  the  bonds  until  they  have  been  negotiated  and  sold  as  the 
city  council  shall  determine,  when  they  shall  be  delivered  to  the 
purchaser  or  purchasers,  as  the  city  council  shall  by  ordinance 
direct,  but  in  no  case  shall  any  of  said  bonds  be  sold  for  less 
than  par.  The  money  arising  from  the  sale  of  said  bonds  shall 
be  used  for  the  purpose  of  paying  off  and  taking  up  and  cancel- 
ling the  old  bonds  of  the  city,  as  in  this  ordinance  named, 
and  for  no  other  purpose ; provided,  the  premium  arising  from 


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the  sale  of  said  bonds  may  be  used  or  disposed  of  as  the  city 
council  may  hereafter  determine. 

Sec.  3.  Bonds  to  be  Paid,  When. — The  principal  in  said 
bonds  shall  be  made  payable  as  follows:  Five  thousand  dol- 

lars of  which  said  bonds  shall  become  due  and  payable  in 
twenty  years  after  the  date  thereof,  but  the  city  shall  have  the 
option  to  redeem  the  same  at  any  time  after  five  years  from 
date  thereof ; five  thousand  dollars  to  become  due  and  payable 
in  twenty  years  after  the  date  thereof,  with  option  to  the  city 
to  redeem  same  at  any  time  after  ten  years  from  the  date  there- 
of ; ten  thousand  dollars  to  become  due  and  payable  in  twenty 
years  after  the  date  thereof,  with  option  to  the  city  to  redeem 
same  at  any  time  after  fifteen  years  from  date  thereof ; ten 
thousand  dollars  to  become  due  and  payable  in  twenty  years 
from  the  date  thereof,  without  option  to  the  city. 

The  principal  and  interest  of-  said  bonds  shall  be  made 
payable  at  such  place  as  the  city  council  and  the  purchaser  of 
said  bonds  may  agree  upon.  The  purchaser  of  said  bonds 
shall  prepare  the  blank  bonds  at  his  or  their  own  expense  and 
without  charge  to  the  city.  The  blank  bonds  and  coupons, 
when  prepared,  shall  be  forwarded  to  B.  B.  Gill,  city  attorney, 
an  agent  for  the  city,  who  shall  cause  said  bonds  to  be  exe- 
cuted as  directed  in  Section  two  (2)  of  this  ordinance,  and 
cause  the  same  to  be  registered  in  the  office  of  the  state 
auditor,  as  required  by  law.  When  said  bonds  shall  have  been 
executed  and  registered  as  aforesaid,  and  said  Gill  shall  im- 
mediately deliver  said  bonds  to  the  city  treasurer  and  take 
his  receipt  therefor,  and  file  the  same  with  the  city  auditor. 

Sec.  4.  Council  to  Create  an  “ Interest  Fund.” — The 
city  council  shall  each  year  make  an  annual  levy  on  the  as- 
sessed valuation  of  all  taxable  property  in  the  city  of  an 
amount  sufficient  to  meet  and  pay  semi-annually  the  interest 
accruing  on  said  bonds  for  the  ensuing  year,  which  when  col- 
lected, shall  be  paid  into  a special  fund  to  be  known  as  the 
“Refunding  Bond  Interest  Fund,”  which  shall  not  be  used  or 
applied  to  any  o-ther  purpose  thafi  the  payment  of  the  interest 
on  the  bonds  to  be  issued  in  pursuance  of  this  ordinance ; pro- 
moted, that  any  surplus  remaining  at  the  end  of  any  year 
in  the  said  refunding  bond  interest  fund  shall  be  turned  into 
and  become  a part  of  the  sinking  fund  herein  provided  for. 

Sec.  5.  Council  to  Create  a “Sinking  Fund.” — For  the 
purpose  of  meeting  and  paying  the  principal  of  said  bonds  as 
they  become  due  and  payable  as  herein  provided,  the  city 


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207 


council  shall  each  year,  commencing  with  the  annual  levy  in  the 
year  1900,  make  an  annual  levy  on  the  assessed  valuation  of 
all  taxable  property  in  the  city  for  the  purpose  of  creating 
a sinking  fund  to  pay  the  principal  in  said  bonds  as  the  same 
becomes  due.  The  said  levy  shall  be  of  an  amount  sufficient 
to  create  a fund  of  five  thousand  dollars  in  five  years  from 
the  date  of  said  bonds,  five  thousand  dollars  in  ten  years, 
ten  thousand  dollars  in  fifteen  years  and  ten  thousand  dol- 
lars in  twenty  years,  and  when  collected  the  same  shall  each 
year  be  turned  into  the  sinking  fund  as  aforesaid,  and  shall 
not  be  used  for  any  other  purpose  except  as  herein  provided, 
viz. : To  pay  the  principal  in  said  bonds,  provided,  the  levy 

each  year  shall  only  be  of  an  amount  sufficient  to  create  a sink- 
ing fund  that  will  in  the  aggregate  amount  to  a sum  sufficient 
to  pay  the  bonds  as  the  principal  falls  due,  as  named  in  this 
ordinance.  The  sinking  fund  as  it  accumulates  each  year 
shall  be  loaned  out  on  good  security  or  invested  in  bonds  as 
the  state  law  provides.  The  accumulated  interest  in  either 
case  shall  be  turned  into  the  sinking  fund  by  the  city  treasurer 
each  year. 

Sec.  6.  Surplus  Sinking  Fund  to  be  Applied  on  Future 
Installments. — Should  there  remain  any  surplus  in  the  sinking 
fund  after  the  payment  of  any  installment  of  the  principal 
of  said  bonds  the  same  shall  be  carried  forward  and  added  to 
the  sinking  fund  for  the  succeeding  year,  and  so  on  until 
the  principal  in  said  bonds  is  fully  paid  off  and  discharged. 
Passed  and  approved  this  21st  day  of  December,  1899. 

ORDINANCE  No.  28. 

Authorizing  the  Construction  of  Gas  and  Electric  Works 
and  Establishing  Rules  and  Regulations 

Governing  the  Same. 

Section  1.  Granting  Privilege  of  Erecting  Gas  and 
Electric  Works  in  the  City. — Be  it  Ordained  by  the  Mayor 
and  City  Council  of  the  City  of  Chillicothe,  Missouri , That 
said  city  of  Chillicothe  hereby  grants  unto  C.  D.  Jones  and 
S.  B.  Hovey,  their  successors  and  assigns,  hereinafter  to  be 
known  as  the  People’s  Gas  and  Electric  Company,  and  said 
company  the  privilege  of  erecting  and  maintaining  gas  and 
electric  works  in  said  city  of  Chillicothe,  state  of  Missouri, 
and  of  repairing,  enlarging  and  extending  the  same,  and 
of  laying  gas  mains  and  pipes  (underground)  and  erecting 


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208 

lamp  posts,  poles  and  wires  for  the  purpose  of  supplying  said 
city  and  its  citizens  with  gas  and  electricity  for  light  and  other 
uses.  But  nothing  herein  shall  be  construed  as  giving  said 
company  any  exclusive  right  as  to  the  privileges  herein 
granted. 

Sec.  2.  Company  Authorized  to  Use  Streets,  Alleys, 
Sidewalks,  Bridges  and  Public  Grounds. — For  the  purpose  of 
carrying  into  effect  the  privileges  granted  in  Section  1 of  this 
ordinance  said  People’s  Gas  and  Electric  Company  is  hereby 
authorized  to  use  the  streets,  alleys,  sidewalks,  bridges  and  pub- 
lic grounds  of  said  city,  and  to  make  all  the  necessary  exca- 
vations therein,  but  the  same  shall  be  done  with  due  and 
reasonable  dispatch  and  with  the  least  practicable  interference 
with  or  inconvenience  to  the  rights  of  the  public  and  indi- 
viduals. And  said  company  shall  restore  all  streets,  alleys, 
sidewalks,  bridges  and  public  grounds  where  excavated  by 
them  to  their  original  condition  as  far  as  practicable,  and  in 
case  any  obstruction  caused  by  said  company  shall  remain 
longer  than  three  days  after  notice  to  remove  the  same,  or  in 
case  of  neglect  by  said  company  to  protect  any  dangerous 
places  by  proper  guards,  the  said  city  may  remove  or  protect 
the  same  at  the  exepense  of  said  company. 

Sec.  3.  Laying  of  Mains,  Pipes,  Etc. — That  in  laying 
down  mains  and  pipes  and  erecting  lamp  posts,  poles  and 
wires,  said  People’s  Gas  and  Electric  Company  shall  conform 
to  all  reasonable  regulations  which  are  or  may  be  prescribed 
by  the  city  council,  and  shall  not  interfere  with  or  injure  any 
water  pipes,  drains  or  sewers  of  said  city  or  any  water  com- 
pany, grantee  of  said  city,  and  shall  be  subject  to  the  direc- 
tions of  the  street  and  alley  committee  of  said  city. 

Sec.  4.  Authorising  People's  Gas  and  Electric  Com- 
pany to  Construct  Gas  and  Electric  Works — City  to  Subscribe 
for  Lights,  Number. — That  said  People’s  Gas. and  Electric 
Company  is  hereby  authorized  to  acquire,  construct  and  main- 
tain gas  and  electric  works,  or  either  of  them,  in  said  city  of 
Chillicothe,  and  to  repair  and  enlarge  the  same,  and  to  carry 
on  the  business  of  manufacturing  gas  and  electricity,  or  either 
of  them,  and  of  distributing  the  same  to  the  city  of  Chilli- 
cothe and  its  citizens,  and  in  consideration  of  the  advantage 
to  be  derived  by  the  city  and  its  citizens  by  the  erection  and 
maintenance  of  gas  and  electric  works  in  said  city,  it  is  hereby 
understood  and  agreed  that  said  city  of  Chillicothe  will  sub- 
scribe for  and  use  during  the  full  term  of  five  years  arc  electric 


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209 


street  lamps  of  standard  2000  candle  power  each,  to  the  num- 
per  of  at  least  thirty,  to  be  located  by  the  mayor  and  council 
along-  the  streets,  avenues  and  public  grounds  of  said  city,  and 
said  city  may  order  gas  street  lamps  located  along  the  lines 
of  gas  street  mains  laid  down;  and  provided  said  city  may 
•order  any  gas  or  electric  lamp  moved  to  any  other  point  by 
paying  the  cost  of  such  removal. 

Sec.  5.  Company  to  Erect  Electric  Lamps  Free  of  Ex- 
pense to  City — City  to  Pay  $3,000  Per  Year  for  Lights. — 
That  said  People’s  Gas  and  Electric  Company  shall  erect  all 
arc  electric  lamps  free  of  expense  to  the  city,  and  shall,  when 
ordered  to  erect  gas  posts  and  lamps  (the  lamps  to  be  of 
metal  and  glass  and  posts  of  iron  of  good  pattern),  erect, 
connect  and  fit  the  same  ready  for  use,  at  a cost  to  the  city  of 
not  to  exceed  twenty  dollars  each  and  supply  the  same  with  * 
gas  during  all  the  dark  hours  of  the  night  not  lighted  by  the 
moon,  as  per  Philadelphia  moon  schedule,  at  a cost  not  ex- 
ceeding two  dollars  per  month  per  lamp,  nor  the  average  price 
paid  for  similar  service  in  cities  and  towns  having  about  the 
same  population  in  the  state,  the  aiverage  flame  of  each  lamp 
to  equal  that  of  sixteen  standard  candle  power  and  be  in  all 
respects  of  good  and  satisfactory  quality.  Said  company  shall 
be  allowed  the  sum  of  twenty-five  cents  per  month  for  light- 
ing, extinguishing,  cleaning  and  general  care  of  any  gas 
lamp  so  ordered,  until  the  number  shall  reach  thirty  gas  lamps, 
when  said  company  shall  assume  such  care  without  such  ex- 
tra charge.  And  said  city  of  Chillicothe  agrees  to  pay  for 
thirty  electric  arc  lamps  herein  contracted  for  the  sum  of 
three  thousand  dollars  per  annum,  payable  monthly.  Said 
arc  lamps  to  be  lighted  one-half  an  hour  after  sunset  and  burn 
all  night  and  every  night  in  the  year.  And  provided  that  for 
any  hours  said  lamps  shall  not  burn  during  the  hours  the 
contract  calls  for,  a pro  rata  deduction  shall  be  made  from  the 
monthly  bill,  and  said  arc  lamps  shall  be  suspended  forty  feet 
above  the  street. 

Sec.  6.  This  Ordinance  Conditioned,  on  What. — That 
the  ordinance  is  conditioned  upon  the  building  or  causing  to 
be  built  and  put  in  operation  by  the  said  company,  gas  and 
electric  works  in  said  city  of  sufficient  capacity  to  supply  said 
city  and  its  citizens,  and  laying  not  less  than  two  miles  of 
gas  street  mains  in  the  principal  streets  of  said  city,  and  two 
additional  miles  when  necessity  requires  and  the  city  council 
orders  it,  which  said  electric  works  shall  be  commenced  on 


210 


City  Ordinances 


or  before  April  1,  1891,  and  in  operation  on  or  before  July 
1,  1891,  and  also  upon  supplying  said  city  and  its  citizens 
with  a good  quality  of  gas  at  a price  or  rate  not  exceeding 
two  and  25-100  dollars  for  the  equivalent  in  illuminating  pow- 
er or  value  of  one  thousand  cubic  feet  of  standard  sixteen 
candle  power  coal  gas,  and  provided  that  whenever  the  num- 
ber of  private  consumers  of  gas  shall  reach  two  hundred,  such 
price  shall  be  reduced  to  two  dollars  for  the  equivalent  in 
illuminating  of  one  thousand  feet  of  standard  coal  gas,  and 
that  the  cost  to  private  consumers  shall  at  no  time  exceed  the 
average  price  paid  in  cities  and  towns  of  the  state  having  about 
the  same  population  for  the  same  amount  of  light. 

Said  citizens  to  pay  for  putting  in  the  necessary  pipes 
and  fixtures  to  connect  the  point  of  consumption  with  the  main 
pipes  of  said  company,  said  connection  to  be  made  by  or  un- 
der the  supervision  of  said  company,  their  successors  or  as- 
signs. 

Sec.  7.  Failure  of  Company  to  Supply  Good  Quality  of 
Gas — Rights  of  Company. — That  in  case  of  failure  at  any 
time  to  supply  the  said  city  with  a good  quality  of  gas  for 
the  space  of  ten  days,  except  in  case  of  injury  to  the  works, 
in  which  case  all  possible  diligence  shall  be  exercised  to  repair 
the  same,  or  should  said  company  for  any  reason  abandon  the 
enterprise  or  cease  to  operate  the  works,  the  rights  and  privi- 
leges herein  granted  shall  cease  and  determine,  and  no  notice 
shall  be  necessary  on  the  part  of  the  city. 

But  as  long  as  said  company  shall  well  and  truly  keep 
and  perform  the  conditions  of  this  ordinance,  the  rights  and 
privileges  granted  herein  shall  not  be  revoked  or  forfeited 
for  any  other  cause,  and  said  company  shall  at  all  times  have 
equal  rights  as  to  the  use  of  the  streets,  alleys,  sidewalks, 
bridges  and  public  grounds,  now  or  hereafter  belonging  to 
said  city,  with  any  other  company  which  may  hereafter  be 
chartered. 

Sec.  8.  Company  to  Extend  Mains,  When. — That  when- 
ever said  city  or  citizens  thereof  shall  desire  to  use  gas  in  any 
locality  not  reached  by  the  mains  already  laid  down,  said 
company  shall,  on  application  of  one  or  more  consumers  to 
each  one  hundred  feet  of  main  extension  required,  proceed 
to  lay  such  additional  mains  as  may  be  necessary  to  supply 
such  petitioner,  within  a reasonable  time  from  the  making 
of  such  application  and  agreement  to  use  gas  from  the  com- 
pany. For  this  purpose  each  additional  street  lamp  shall 


City  Ordinances 


211 


count  as  one  consumer  and  provided  said  company  shall  ex- 
tend the  mains  any  greater  distance  when  so  required,  upon 
the  applicants  paying  the  cost  of  such  main  extension  beyond 
the  one  hundred  feet  above  provided  for. 

Sec.  9.  Company  to  Be  Liable  for  Damages  to  Persons 
or  Property  by  Neglect  of  Itself  or  Employes. — The  privi- 
leges herein  granted  are  upon  the  express  condition  that  said 
company  and  its  assigns  shall  be  liable  for  all  damages  or  in- 
jury to  person  or  property  caused  by  the  neglect  or  misman- 
agement of  itself  or  any  of  its  employes  while  engaged  in 
constructing  or  operating  its  works,  and  should  the  city  be 
sued  therefor,  said  company  shall  be  notified  of  such  suit  and 
thereupon  it  shall  be  its  duty  to  defend  or  settle  the  same,  and 
should  judgment  go  against  the  city  in  any  such  case,  the 
city  shall  recover  the  same  with  costs  from  said  company, 
and  the  record  of  judgment  against  the  city  in  any  such  case 
shall  be  conclusive  evidence  to  entitle  the  city  to  recover 
against  said  Gas  and  Electric  Company. 

Sec.  10.  Ordinance  to  Take  Effect  from  and  After  Its 
Passage  and  Acceptance  by  Company — Company  to  File  Bond. 
— That  this  ordinance  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  acceptance  in  writing  by  said  Jones  and 
Hovey  within  ten  days  from  its  passage  and  upon  the  filing 
with  the  city  clerk  a good  and  sufficient  bond  by  the  said 
Jones  and  Hovey  in  the  sum  of  one  thousand  dollars  for  the 
faithful  performance  of  the  contract  to  light  said  city  for  the 
term  of  five  years,  shall  become  a contract  between  said  city 
and  said  People’s  Gas  and  Electric  Company,  said  bond  to  be 
filed  within  twenty  days,  and  be  approved  by  the  city  council. 
(R.  O.  1903.) 


ORDINANCE  No.  29. 

An  Ordinance  Granting  a Franchise  to  the  Peoples  Tele- 
phone Company  and  Its  Assigns  for  a Term  of  Twenty 
Years;  Granting  the  Privilege  to  Use  the  Streets,  Ave- 
nues and  Alleys  of  the  City  of  Chillicothe,  Missouri, 
for  the  Erection  of  Telephone  Poles  and  Wires  for  the 
Maintenance  of  All  Appliances  Necessary  for  the 
Operation  of  a Telephone  Exchange  in  Said  City,  Pre- 
scribing Rates,  Conditions  and  Regulations. 

Section  1.  Granted  Franchise  for  Tzventy  Years — Tele- 
phone Exchange. — Be  it  Ordained  by  the  Mayor  and  City 


212 


City  Ordinances 


Council  of  the  City  of  Chill'icothe , Missouri , That  the  Peo- 
ples Telephone  Company  and  its  assigns  are  hereby  granted 
the  right,  privilege  and  authority  for  the  term  of  twenty  years, 
to  erect,  construct  and  maintain  and  operate  poles,  wires  and 
all  other  appliances  necessary  for  the  maintenance  of  a tele- 
phone exchange  in,  through,  along,  upon  and  across  the  pub- 
lic streets,  avenues  and  alleys,  of  the  city  of  Chillicothe,  Mis- 
souri. 

Sec.  2.  Poles , Where  Placed. — All  poles  used  in  said 
telephone  business  shall  be  placed  in  alleys  whenever  prac- 
ticable, instead  of  upon  and  along  streets  next  adjoining  and 
parallel  thereto.  Where  the  poles  are  set  in  any  alley,  they 
shall  be  located  as  near  the  side  lines  of  the  alley  as  practicable 
and  in  such  a manner  as  not  to  incommode  the  public  or  ad- 
joining property  owners,  in  so  far  as  the  same  may  be  prac- 
ticable. 

Sec.  3.  Poles , Material  of — Height  of  Wire. — The  poles 
used  as  herein  provided  shall  be  of  sound  timber,  reasonably 
straight  and  smooth,  and  the  poles  hereafter  set  shall  be  of 
such  a height  that  the  wires  thereon  shall  swing  at  least  twenty 
feet  above  the  ground.  Whenever  the  poles  are  erected  on 
the  street,  they  shall,  in  all  cases,  whenever  practicable,  be 
placed  on  the  outer  edge  of  the  sidewalk,  just  inside  of  the 
curbstone,  and  on  or  near  the  line  dividing  the  lots,  and  in  all 
cases  shall  be  so  placed  as  not  to  obstruct  the  drainage  of  the 
streets  or  to  interfere  with  or  to  damage  in  any  way  the  curb- 
stones, trees,  or  other  public  or  private  property  on  the  line  of 
the  street  or  alley  where  said  poles  shall  be  erected. 

Sec.  4.  Excavating — Street  Restored  to  Former  Condi- 
tion,— When  any  poles  shall  have  been  erected  or  other  exca- 
vating done,  under  this  franchise,  the  work,  of  refilling  and  re- 
storing the  pavement  or  other  surface  of  the  ground  shall  be 
done  as  promptly  as  possible,  and  such  surface  shall  be  restored 
to  the  same  condition  it  was  in  before  such  excavation  was 
made,  and  in  a manner  satisfactory  to  the  city  engineer. 

Sec.  5.  Power  of  City  to  Change  Location  of  Poles — 
How. — The  right  is  hereby  reserved  by  the  city  council  to  at 
any  time  direct  any  alterations  in  the  location  of  the  poles  of 
said  company,  now  located  or  hereafter  to  be  located,  when- 
ever it  may  become  necessary,  but  before  any  such  alteration 
is  made,  at  least  five  days’  notice  in  writing  shall  be  given  to 
the  President  or  local  officers  or  agents  of  said  company,  and 


City  Ordinances 


213 


a reasonable  opportunity  shall  be  afforded  said  company  to 
be  heard  therein. 

But  when  any  such  alterations  shall  be  ordered,  said 
company  shall  within  five  days  thereafter  commence  such  al- 
terations and  complete  the  same  as  soon  thereafter  as  prac- 
ticable; and  upon  failure  to  do  so,  the  city  may  make  such 
alterations  and  collect  the  expense  thereof  from  said  com- 
pany. 

Sec.  6.  Wire  Raised  to  Permit  Structures  to  Pass  Under 
— How. — The  said  Peoples  Telephone  Company  and  its  as- 
signs shall,  after  receiving  twenty-four  hours’  notice  from  the 
city  constable,  remove,  raise,  or  lower  their  wires  from  any 
place  or  places  specified,  for  the  purpose  of  permitting  the 
moving  of  houses  or  any  other  object  along  the  streets  and 
avenues  of  said  city;  PROVIDED,  that  the  expense  of  such 
removal,  raising  or  lowering,  and  any  damage  attending  the 
same,  shall  be  paid  by  the  owner  of  the  building  or  other 
object  so  moved  on  said  street. 

Sec.  7.  Company  Bound  to  Comply  With  Ordinances 
of  City. — The  said  Peoples  Telephone  Company  and  its  as- 
signs shall  be  bound  by  and  comply  with  all  reasonable  re- 
quirements, rules,  ordinances  and  regulations  now  in  force  in 
said  city,  or  hereafter  to  be  adopted  by  said  city,  in  and  about 
the  use  of  the  streets  and  alleys  by  said  company. 

Sec.  8.  Company  to  Keep  All  Poles , Wires  and  All  Other 
Fixtures  in  Repair. — The  .said  Peoples  Telephone  Company 
shall  keep  its  poles,  wires,  and  all  other  material  and  apparatus 
used  by  it  in  and  about  its  telephone  business,  in  good  order 
and  repair  at  all  times. 

Sec.  9.  Company  to  Pay . the  City  2 Per  Cent  of  Its 
Gross  Receipts — How  Estimated — in  Lieu  of  Special  Taxes. 
— In  consideration  of  the  granting  of  this  franchise  and  the 
rights  and  privileges  thereunder,  the  Peoples  Telephone  Com- 
pany and  its  assigns  shall,  in  addition  to  the  other  conditions 
and  requirements  herein  made,  pay  to  the  city  of  Chillicothe, 
Missouri,  each  year,  for  the  full  twenty  years  of  this  franchise, 
two  per  cent  of  the  gross  receipts  derived  by  said  telephone 
company  from  ’phone  rentals  within  the  limits  of  the  city  of 
Chillicothe,  Missouri.  As  a basis  for  estimating  the  amount 
of  said  payment,  it  shall  be  the  duty  of  the  treasurer  of  the 
Peoples  Telephone  Company,  on  or  before  the  first  day  of 
June  of  each  year,  to  file  with  the  city  clerk  of  said  city,  a 
sworn  statement  showing  the  total  amount  collected  by  said 


214 


City  Ordinances 


telephone  company  from  ’phone  rentals  in  the  city  of  Chilli- 
cothe,  Missouri,  for  the  year  ending  April  30th,  preceding, 
and  upon  said  total  collections  so  shown,  the  amount  to  be 
paid  the  city  shall  be  determined;  PROVIDED,  that  should 
two  per  cent  of  such  gross  receipts  for  any  year  amount  to 
less  than  two  hundred  dollars  ($200.00)  then  the  said  telephone 
company  shall  pay  to  the  city  of  Chillicothe  the  sum  of  two 
hundred  dollars  ($200.00)  as  a minimum  payment,  instead  of 
the  two  per  cent  of  the  gross  receipts,  for  each  year  or  years. 

The  payment  provided  for  by  this  section  shall  be  made 
on  or  before  the  first  day  of  June  of  each  year  and  shall  be 
accepted  by  the  city  of  Chillicothe  in  full  for,  and  in  lieu  of, 
all  special  taxes  or  licenses  required  to  be  paid  by  said  com- 
pany, whether  required  by  ordinances  now  in  force,  or  by  or- 
dinances that  may  hereafter  be  enacted. 

Sec.  10.  City  to  Have  Four  Free  Phones,  and  Use  of 
Poles  to  Operate  a Fire  Alarm  System. — As  a further  consid- 
eration of  this  franchise,  said  company  shall  install  and  main- 
tain, during  the  life  of  this  franchise,  at  any  place  within  the 
city  of  Chillicothe,  Missouri,  to  be  designated  by  the  council, 
four  ’phones  free  of  charge.  The  right  is  also  reserved  by 
the  city  to  use  any  and  all  of  the  telephone  poles  owned  and 
erected  by  said  company  for  fire-alarm  service,  provided  the 
wires  therefor  shall  be  placed  on  a separate  arm  or  bracket 
from  those  used  by  said  company,  and  provided,  further,  that 
said  reserved  right  is  only  for  the  use  of  the  city  in  the 
operation  of  a fire-alarm  system  owned  and  operated  by  the 
city. 

Sec.  11.  Maximum  Rate. — As  a further  consideration 
of  this  franchise,  the  Peoples  Telephone  Company  and  its  as- 
signs shall  furnish  the  patrons  thereof  good  service  at  a maxi- 
mum rate  of  not  to  exceed  two  dollars  and  fifty  cents  ($2.50) 
per  month  per  ’phone  for  business  houses  and  offices,  and  one 
dollar  and  fifty  cents  ($1.50)  per  month  per  ’phone  for  resi- 
dence ’phones.  PROVIDED,  that  said  maximum  rates  shall 
not  be  charged  by  the  Peoples  Telephone  Company  nor  its  as- 
signs, before  it  shall  have  secured  from  the  patrons  of  its  ex- 
change in  the  city  of  Chillicothe,  Missouri,  the  free  use  and 
service  of  all  party  telephone  lines  then  connected  directly  with 
its  said  exchange  only,  and  provided,  further,  that  said  maxi- 
mum rates  shall  not  be  charged  for  any  period  during  which 
the  said  telephone  company  fails  to  continue  to  furnish  its  said 
patrons  the  free  use  and  service  of  all  such  telephone  lines. 


City  Ordinances 


215 


Sec.  12.  City  Not  to  Discriminate  in  Granting  Further 
Franchise. — In  consideration  of  the  acceptance  of  this  fran- 
chise by  the  Peoples  Telephone  Company,  it  is  hereby  provided 
that  during  the  term  of  this  franchise,  the  city  of  Chillicothe, 
Missouri,  shall  not  discriminate  against  the  Peoples  Telephone 
Company  in  favor  of  any  competing  company,  individual  or 
individuals  in  the  matter  of  taxation,  rates,  restrictions  or 
requirements;  and  should  the  right,  privilege  and  authority  to 
construct,  maintain  and  operate  a telephone  exchange  in  the 
city  of  Chillicothe,  be  granted  to  any  other  company,  individual 
or  individuals,  the  same  or  greater  payments  to  the  city  shall 
be  required  of  said  company,  individual  or  individuals  as 
are  required  of  the  Peoples  Telephone  Company  by  Section 
nine  (9)  of  this  franchise. 

Sec.  13.  Acceptance  by  Company. — Said  Peoples  Tele- 
phone Company  shall  within  ten  days  after  the  approval  of 
this  ordinance  file  with  the  city  clerk  of  the  city  of  Chillicothe, 
Missouri,  its  written  acceptance  of  the  conditions  hereof  and 
this  franchise  shall  go  into  effect  and  operation  immediately 
upon  such  acceptance  thereof,  but  if  said  acceptance  be  not 
filed  within  said  time,  then  all  their  rights  hereunder  shall  de- 
termine and  cease.  All  ordinances  or  parts  of  ordinances  in 
conflict  herewith  are  hereby  repealed.  Passed  and  approved 
this  4th  day  of  September,  1905. 

ORDINANCE  No.  30. 

An  Ordinance  Granting  to  the  Peoples  Telephone  Com- 
pany Permission  and  License  to  Excavate  in  Certain 
Streets  and  Alleys  in  the  City  of  Chillicothe,  Missouri, 
and  to  Lay  Underground  Duct  Therein  for  Cable  and 
Wires;  and  to  Excavate  for  Fuel  and  Ash  Bin;  and 
to  Maintain  Manholes  Along  the  Line  of  Said  Under- 
ground Duct  and  to  Connect  Said  Manholes  with  Sew- 
ers; and  Granting  Permission  to  Said  Company  to 
Excavate  in  Said  Streets  and  Alleys  for  the  Purpose 
of  Repairing  and  Reconstructing  Said  Duct,  Wires 
and  Cables  and  Appurtenances. 

Be  it  Ordained  by  the  Mayor  and  City  Council,  of  the 
city  of  Chillicothe,  Missouri,  as  follows: 

Section  1.  Permission  to  Excavate  in  Certain  Streets. — 
That  the  Peoples  Telephone  Company,  a telephone  corpora- 
tion located  in  Chillicothe,  Missouri,  is  hereby  given  permis- 


216 


Ctty  Quoin  an  CES 


sion  and  license  to  excavate  in,  upon  and  through  the  following 
described  streets  and  alleys  in  the  city  of  Chillicothe,  Missouri, 
to-wit : In  Webster  street,  about  10  feet  north  of  the  south 

curb  line  thereof,  commencing  in  said  street  about  the  center 
of  the  alley  running  north  and  south  through  block  34,  old 
survey  of  said  city;  thence  running  west  on  said  street  to  the 
center  of  the  alley  running  north  and  south  through  block  30, 
old  survey  of  said  city,  and  in,  through  and  upon  all  street  and 
alley  intersections  with  said  portion  of  Webster  street. 

In  the  alley  running  north  and  south  through  block  20, 
old  survey  of  said  city,  beginning  about  the  middle  of  said 
alley  north  and  south,  and  running  thence  south  along  said 
alley  to  and  across  Webster  street  to  intersect  with  the  ex-* 
cavation  on  said  Webster  street  above  described. 

In  the  alley  running  north  and  south  through  block  21, 
old  survey  in  said  city,  beginning  about  the  middle  of  said 
alley  north  and  .south  and  running  thence  south  in  said  alley 
to  and  across  Webster  street  to  intersect  with  the  excavation 
on  said  Webster  street  aforesaid. 

In  each  of  the  alleys  running  north  and  south  through 
blocks  numbered  34,  31,  and  30,  old  survey  in  said  city  of 
Chillicothe,  beginning  in  each  of  said  alleys  at  or  near  the 
north  line  thereof  and  running  north  in  Webster  street  to  and 
intersecting  with  the  excavation  on  Webster  street  aforesaid. 

Also  commencing  on  Webster  street  at  the  excavation 
aforesaid  therein  north  of  the  north  end  of  the  alley  running 
north  and  south  through  block  33,  old  survey  in  said  city,  run- 
ning thence  south  along  said  alley  to,  across  and  under  Jack- 
son  street  and  continuing  south  along,  in  and  through  the  al- 
ley running  north  and  south  through  block  38,  old  survey  in 
said  city  of  Chillicothe,  to  Clay  street,  and  south  into  Clay 
street  about  20  feet  from  the  north  line  thereof. 

Said  company  is  further  given  permission  to  make  such 
excavations  at  or  near  the  east  line  of  the  alley  running  north 
and  south  through  block  33,  old  survey  of  said  city  at  or  near 
the  north  line  of  said  alley  for  the  purpose  of  loading  and  un- 
loading coal,  ashes,  fuel  and  other  material  belonging  to  said 
company ; said  excavation  to  be  so  covered  and  built  by  the 
said  company  so  as  not  to  interfere  with  the  use  of  said  alley 
by  the  public. 

Sec.  2.  Same;  Right  to  Construct  Man-Holes ; City 
Right  to  Use  Conduits. — Said  excavations  to  be  made  for  the 
laying  of  underground  duct  to  carry  the  wires  and  cables  of 


City  Ordinances 


217 


said  company,  and  said  excavations  may  be  of  such  width  and 
depth  as  shall  be  necessary  to  safely,  properly  and  securely 
lay  and  maintain  said  underground  duct;  and  permission  is 
also  given  to  said  company  to  construct  and  maintain  along 
the  line  of  its  said  underground  duct  to  be  laid  on  the  streets 
and  alleys  aforesaid,  man-holes,  at  such  places  as  shown  on 
plat  herewith  filed,  for  the  proper  use,  care  and  maintainance 
of  said  duct,  wires  and  cables  therein,  said  man-holes  to  be 
built  so  as  not  to  extend  above  the  surface  of  the  ground  and 
be  constructed  of  such  material  and  strength  as  not  to  inter- 
fere with  the  use  of  the  streets,  and  said  company  shall  at 
all  times  keep  said  man-holes  safely  and  securely  covered.  The 
city  reserves  the  right  to  use  any  or  all  conduits  for  a fire 
alarm  service  wire  owned  and  operated  by  the  city. 

Sec.  3.  Same;  Right  to  Excavate  Whenever  Necessary. 
— Said  company  is  hereby  granted  the  privilege  and  right  to 
excavate  in  said  streets  and  alleys  aforesaid  at  any  time  it  may 
become  necessary  for  the  purpose  of  repairing  and  recon- 
structing the  said  underground  duct  or  the  wires  and  cables 
therein. 

Sec.  4.  Right  to  Connect  With  Public  Sewers. — Said 
company  is  also  hereby  granted  permission  to  connect  all  of 
its  man-holes  aforesaid  with  any  one  or  more  public  sewers 
in  said  city  and  do  the  necessary  excavating  therefor,  pro- 
vided the  said  company  shall  pay  the  necessary  fee  therefor 
as  required  by  law. 

Sec.  5.  Shall  Restore  Streets  to  Proper  Condition ; Neg- 
ligence; City  Held  Harmless. — This  permission  and  license  is 
granted  upon  the  condition  that  said  company  shall  comply 
with  the  conditions  and  requirements  of  Ordinance  No.  20, 
of  the  ordinances  of  the  city  of  Chillicothe,  Missouri,  passed 
and  approved  by  the  mayor  and  city  council  of  said  city  on 
the  10th  day  of  December,  1906,  relating  to  and  regulating 
the  digging  and  excavating  in  the  streets  and  alleys 
of  said  city.  And  upon  condition  that  said  company 
shall  restore,  at  its  own  expense,  all  streets  and  alleys  in  which 
they  shall  excavate  under  this  ordinance  to  the  condition  in 
which  the  said  streets  and  alleys  were  before  excavating  there- 
in. And  on  the  further  condition  that  said  company  will,  at 
all  times,  guard  the  said  excavations  to  be  made  hereunder  as 
is  required  by  said  ordinance  numbered  20  aforesaid ; and  on 
the  further  condition  that  said  company  will  hold  the  city 
harmless  on  account  of  any  damages  caused  by  reason  of 


218 


City  Ordinances 


such  excavations  or  by  the  negligence  of  said  company  in 
making  said  excavations. 

Passed  and  approved  this  the  15th  day  of  February,  1909. 

ORDINANCE  No.  31. 

An  Ordinance  Concerning  Licenses  in  General. 

Be  it  Ordained  by  the  Mayor  and  City  Council  of  the 
City  of  Chillicothe,  Missouri : 

Section  1.  Licenses  Subject  to  Ordinances  of  City. — 
That  all  licenses  which  may  be  issued  under  any  ordinance 
of  the  city  council  shall  be  subject  to  the  ordinances  and  reg- 
ulations which  may  be  in  force  at  the  time  of  issuing  thereof, 
or  which  may  subsequently  be  made  by  the  city  council.  And 
if  any  person  so  licensed  shall  violate  any  of  the  provisions 
thereof  he  shall  be  liable  to  be  proceeded  against  for  any  fine 
or  penalty  imposed  thereby,  and  his  license  shall  be  subject  to 
be  revoked  in  the  discretion  of  the  city  council. 

Sec.  2.  Licenses  Not  Transferable. — No  license  granted 
under  any  ordinance  shall  be  assignable  or  transferable  with- 
out the  written  permission  of  the  mayor  or  city  council,  nor 
shall  any  such  license  authorize  any  person  to  do  business  or 
act  under  it  but  the  person  named  therein,  unless  such  license 
shall  otherwise  provide. 

Sec.  3.  Granted  Not  to  Exceed  One  Year.  Treasurer 
May  Grant — When.— No  license  shall  be  granted  at  any  time 
for  a longer  period  than  one  year,  and  all  licenses  shall  be 
signed  by  the  mayor  and  countersigned  by  the  clerk,  under  the 
corporate  seal.  And  in  all  cases  where  it  is  not  otherwise  ex- 
pressly provided,  the  treasurer  shall  have  power  to  hear  and 
grant  applications  therefor,  upon  the  terms  specified  by  the 
ordinances  of  the  city. 

Sec.  4.  Treasurer  to  Receive  all  Money  for  Licenses. — 
All  moneys  due  and  owing  or  which  may  hereafter  become 
due  and  payable  to  the  city  of  Chillicothe  for  licenses  of  every 
description,  shall  be  paid  to  and  received  by  the  city  treasurer 
of  said  city,  who  shall  be  alone  authorized  to  collect  and  re- 
ceive said  moneys. 

Sec.  5.  Clerk  to  Give  List  to  Treasurer — Prosecution 
by  City  Attorney. — It  shall  be  the  duty  of  the  city  clerk  on  the 
10th  day  of  January  each  year,  to  give  the  city  treasurer  a list 
of  the  names  of  all  firms  or  persons  who  licenses  have  not  been 
renewed,  and  continuing  in  business  shall  fail  to  apply  for 


City  Ordinances 


219 


such  licenses  to  the  city  treasurer  within  three  clays  after 
written  notice  thereof,  then  it  shall  be  the  duty  of  the  city 
treasurer  to  report  such  person  or  firms  to  the  city  attorney 
who  shall  prosecute  said  persons  or  firms  failing  to  take  out 
or  renew  such  licenses  as  provided  by  law. 

Sec.  6.  License  Year. — The  license  year  shall  begin  on 
the  first  day  of  January,  and  end  on  the  thirty-first  day  of  De- 
cember of  each  and  every  year,  and  all  licenses  shall  be  issued 
and  made  to  expire  on  the  thirty-first  day  of  December  of 
each  and  every  year,  except  as  may  be  otherwise  provided  by 
ordinance. 

Sec.  7.  To  pay  for  Year. — Any  person  applying  for  li- 
cense after  the  first  day  of  January  in  any  year  shall  pay  for 
a full  license  year,  and  at  the  end  of  the  year,  the  amount  so 
paid  shall  be  prorated  with  the  time  said  person  was  actually 
engaged  in  business,  and  the  difference  between  said  amount 
and  the  time  said  person  was  actually  engaged  in  business  bears 
to  the  whole  license  year  shall  be  allowed  on  a new  license, 
provided,  that  said  license  has  not  been  transferred,  and  noth- 
ing herein  shall  entitle  any  person  to  the  return  of  any  money 
in  case  he  or  they  fail  to  renew  said  license. 

Passed  and  approved  the  17th  day  of  December,  1906. 

ORDINANCE  No.  32. 

An  Ordinance  in  Relation  to  the  Collation  and  Revision  of 
the  Ordinances  of  the  City  of  Chillicothe,  Missouri, 
and  Authorizing  the  Compilation  and  Revision  of  All 
The  Ordinances  of  the  City  of  a Public  Nature  and 
Character,  and  Their  Publication  as  Directed  by  This 
Ordinance. 

Section  1.  Authorizing  the  Revision. — Be  it  ordained  by 
the  mayor  and  city  council  of  the  city  of  Chillicothe,  Missouri, 
as  follows:  The  ordinances  of  the  city  of  Chillicothe,  Mis- 

souri, of  a public  nature  and  character  shall  be  compiled  and 
revised  by  B.  B.  Gill  and  Forrest  M.  Gill,  attorneys.  Said  at- 
torneys are  hereby  employed  and  authorized  to  collate  and  re- 
vise all  of  said  ordinances  as  in  this  ordinance  authorized  and 
instructed. 

Sec.  2.  To  Compile  and  Revise. — The  said  attorneys 
shall  compile  and  revise,  have  printed  and  published  in  book 
form  all  the  ordinances  of  the  city  of  Chillicothe,  Missouri, 
of  a public  nature  and  character.  And  the  city  charter  of  said 


220 


City  Ordinances 


city  and  all  amendments  thereto  and  laws  of  the  legislature 
of  the  state  of  Missouri,  affecting  the  election  of  the  mayor 
and  members  of  the  city  council  and  city  officers,  and  the  ap^- 
pointment  of  city  officers  by  the  city  council,  shall  be  printed 
and  published  as  a part  of  said  book  of  ordinances  and  re- 
vision. 

Sec.  3.  Ordinances  to  be  Numbered. — The  ordinances  in 
said  compilation  and  revision  shall  be  numbered,  beginning 
with  ordinance  number  one,  and  numbered  consecutively  up 
to  and  including  the  number  of  the  last  ordinance  in  the  re- 
vision, and  when  so  numbered  shall  be  published  in  book 
form. 

No  ordinance  in  said  revision  shall  be  invalidated  when 
published,  because  the  same  may  not  bear  the  same  number  as 
the  original  bore  at  the  date  of  its  passage  and  approval,  and 
such  ordinance  or  ordinances  with  all  ordinances  when  com- 
piled, revised  and  published  in  book  form  are  hereby  declared 
passed,  adopted  and  ordained,  and  shall  have  the  same  force 
and  effect  as  of  the  date  of  their  original  adoption  and  passage 
by  the  city  council. 

Sec.  4.  Amended  Ordinances. — In  the  revision  and  pub- 
lication of  the  ordinances  authorized  by  this  ordinance  it  shall 
only  be  necessary  to  append  the  date  of  the  passage  of  the  or- 
dinance, omitting  from  publication  and  each  ordinance  the 
names  of  the  mayor  and  city  clerk.  Neither  shall  it  be  neces- 
sary to  print  the  last  section  of  each  ordinance  in  the  relation 
to  the  taking  effect  thereof.  When  any  ordinance  has  been 
amended  by  adding  new  sections  or  by  striking  out  certain 
sections  and  enacting  new  sections  in  lieu  thereof,  it  shall  only 
be  necessary  to  add  or  insert  in  such  ordinances  the  new  sec- 
tions giving  the  date  of  the  passage  of  the  ordinance  by  which 
they  were  enacted,  which  new  section  or  sections  shall  be 
placed  and  printed  in  the  ordinances  to  which  they  belong  as 
shown  by  the  ordinance  by  which  they  were  enacted.  Pro- 
vided the  failure  to  print  the  date  or  mistake  in  giving  cor- 
rect date,  shall  not  invalidate  such  amendments  or  added  sec- 
tions. 

Sec.  5.  Sections  Renumbered — Indexes. — In  compiling 
and  revising  the  ordinances  as  hereby  authorized  where  a sec- 
tion or  sections  of  any  ordinance  in  the  revision  may  have 
heretofore  been  repealed  and  no  new  section  or  sections  en- 
acted in  lieu  thereof,  and  there  is  a section  or  sections  follow- 
ing in  such  oidinance  or  ordinances,  the  section  or  sections 


City  Ordinances 


221 


following  shall  lake  the  same  number  as  the  section  or  sections 
repealed,  and  so  on  to  and  including  the  last  section  in  such 
ordinances,  and  the  sections  thus  renumbered  shall  not  be  in- 
validated but  shall  have  the  same  force  and  effect  as  when 
first  enacted.  There  shall  be  a general  index  to  the  ordinances, 
and  suitable  index  or  catch  words,  in  capitals  shall  be  printed 
between  the  number  of  each  section  and  the  first  word  thereof. 

Sec.  6.  Contracts — Legal  Proceedings — Judgments — 
TAXES,  Etc — Not  Affected. — All  ordinances,  or  contracts 
entered  into  by  the  city  with  other  parties  in  the  form  of  or- 
dinances or  otherwise,  and  resolutions  of  a temporary  or  local 
character,  including  all  ordinances  and  contracts  between  the 
city  and  other  parties  for  the  doing  of  any  work  or  furnishing 
of  any  material  for  the  city,  and  all  ordinances  for  the  com 
struction  of  sidewalks,  or  for  the  paving  of  any  of  the  streets 
of  the  city  or  otherwise  improving  the  same  now  in  force, 
shall  not  be  affected  or  invalidated  by  this  ordinance,  but  shall 
continue  in  force  according  to  their  respective  provisions  or 
limitations.  Nothing  in  this  ordinance  or  in  the  revision  of 
ordinances  hereby  authorized  shall  affect  or  invalidate  any 
legal  proceeding  or  suit  now  pending  wherein  the  city  of  Chil- 
licothe,  Missouri,  is  a party  in  any  court  of  record,  or  in  the 
police  court  of  the  city,  or  any  judgment  in  favor  of  said  city 
for  back  taxes  or  suits  now  pending  or  hereafter  brought  for 
such  taxes,  or  any  other  judgment  in  favor  of  said  city,  or 
the  assessment  of  property,  real  or  personal,  or  any  tax  levy 
made  by  the  city  council,  or  the  collection  of  taxes,  or  any  li- 
cense issued  under  any  ordinance  of  the  city,  and  all  such  pro- 
ceedings, suits,  judgments,  tax  liens,  licenses,  assessments  of 
property,  shall  be  deemed  and  taken  as  a continuation  of  same 
under  the  ordinance  or  ordinances  by  which  the  same  may 
have  been  begun  and  authorized. 

Sec.  7.  Ordinance  With  Penalty  Provisions,  and  Other 
Sections  Wherein  Penalty  Clause  May  Have  Been  Omitted. — 
All  ordinances  in  this  revision  having  a penalty  clause  and  not 
heretofore  published,  shall  be  deemed  and  taken  as  being  in 
effect  after  the  publication  in  book  form  as  herein  provided; 
and  any  section  of  any  ordinance  carried  into  this  revision 
from  the  revision  for  the  year  1907,  wherein  the  penalty 
clause  may  have  been  omitted,  and  there  is  no  general  penalty 
clause  in  such  ordinance  applicable  to  such  section  or  sections, 


City  Ordinances 


222 

the  penalty  for  a violation  of  such  section  or  any  of  its  pro- 
visions, shall,  upon  conviction  of  any  person  thereunder,  be 
not  less  than  one  nor  more  than  twenty-five  dollars;  such  sec- 
tion or  sections  of  such  ordinance  or  ordinances  with  the  pen- 
alty clause  as  herein  provided  added,  shall  be  taken  and 
deemed  in  force  and  effect  from  and  after  the  due  publication 
of  this  revision  of  ordinance  in  book  form. 

Sec.  8.  Ordinances  Passed  After  This  Ordinance. — All 
ordinances  of  a public  character  passed  by  the  present  mayor 
and  city  council  after  the  passage  and  approval  of  this  ordi- 
nance shall  be  taken  as  intended  to  be  included  herein  and 
shall  be  published  in  the  revision  herein  authorized.  All  such 
ordinances  shall  take  effect  from  and  after  their  passage  and 
approval,  except  such  as  carry  a penalty  clause,  in  which  case 
they  shall  be  deemed  and  taken  as  being  in  force  and  effect 
from  their  publication  in  said  revision  for  1909. 

Sec.  9.  People's  Gas  and  Electric  Company. — Nothing 
in  this  ordinance  or  this  revision  of  ordinances  shall  have  the 
effect  of  re-establishing  the  old  rates  and  charges  fixed  by  or- 
dinance number  twenty-six  of  the  Revised  Ordinances  of 
1907,  as  between  the  city  or  private  consumers  of  gas  and 
electricity  furnished  by  said  company,  or  as  a renewal  of  the 
contract  between  the  city  and  said  company  named  in  section 
16  of  said  ordinance. 

Sec.  10.  Council  to  Examine  Ordinances  Contained  in 
Revision  and  to  Certify  to  Same — Hour  Entitled — Ordinance 
Repealed .. — After  the  ordinances  shall  have  been  compiled  and 
revised  by  said  attorneys,  the  volume  in  manuscript  form 
shall  be  returned  to  the  city  council  for  examination  and  com- 
parison with  the  original  ordinances,  and  if  found  to  be  cor- 
rect copies  of  all  ordinances  of  a public  nature  in  force,  the 
city  council  shall  so  declare  and  certify  by  an  ordinance  duly 
passed ; and  the  said  compilation  and  revision  shall  then  be  de- 
livered to  the  printer  for  publication.  Said  revision  shall  be 
entitled  “Revised  Ordinances  of  the  City  of  Chillicothe,  Mis- 
souri,” 1909,  and  the  Chillicothe  Tribune  is  hereby  authorized 
to  print  and  publish  in  book  form  with  the  city  charter  and 
amendments  as  herein  directed,  one  hundred  and  fifty  copies 
of  said  revision.  All  ordinances  or  parts  of  ordinances  ex- 
cept as  named  in  this  ordinance  be  and  the  same  are  hereby 
repealed. 


City  Ordinances 


223 


Sec.  11.  This  ordinance  shall  take  effect  from  and  after 
its  passage  and  approval. 

Passed  this  4th  day  of  May,  1909. 

C.  F.  Adams, 

Attest : Mayor. 

H.  I.  Spence, 

City  Clerk. 

ORDINANCE  No.  33. 

An  Ordinance  Certifying  That  All  Ordinances  Contained 
in  the  Revision,  1909,  Are  True  Copies  of  the  Origi- 
nal Ordinances  Enacted  by  the  City  Council. 

Sec.  1.  Authentication  of  Ordinances ; Revision. — Be  it 
ordained  by  the  mayor  and  city  council  of  the  city  of  Chilli- 
cothe,  Missouri,  as  follows:  The  city  council  having  exam- 

ined and  compared  the  ordinances  contained  in  the  volume  of 
ordinances  purporting  to  contain  a compilation  and  revision 
of  all  ordinances  of  the  city  of  Chillicothe,  Missouri,  prepared 
and  returned  to  the  city  council  under  an  ordinance  duly 
passed  on  the  4th  day  of  May,  1909,  hereby  declare  that  all 
ordinances  contained  in  said  volume  and  revision  have  here- 
tofore been  lawfully  passed,  ordained  and  enacted  by  the  city 
council  of  Chillicothe,  Missouri,  and  that  all  of  said  ordinances 
contained  in  said  volume  beginning  with  number  one  up  to 
and  including  number  33  are  hereby  certified  and  authenti- 
cated as  being  in  full  force  and  effect  as  the  “Revised  Ordi- 
nances of  the  City  of  Chillicothe,  Missouri,  1909.” 

Section  2.  This  ordinance  shall  take  effect  from  and 
after  its  passage  and  approval. 

Passed  and  approved  this  the  7th  day  of  May,  1909. 

C.  F.  Adams, 

Attest : Mayor. 

H.  I.  Spence, 

City  Clerk. 


INDEX  TO  CITY  ORDINANCES 


ACTIONS. 

Page.  Sec. 

Brought  in  corporate  name 61  4 

Lawful  to  declare  generally  in  debt 61  4 

Information  of  City  Attorney 62  5 

APPEAL. 

How  and  when  taken 65  19 

Bond  for 65  19 

To  be  certified  to  the  Circuit  Court  within  10  days 65  20 

If  not  perfected  immediately  after  the  rendering  of  judg- 
ment, defendant  to  be  committed 65  21 

If  condemnation  proceedings i 156  7 

ARREST. 

Party  arrested  may  give  bond 62  8 

Officers  may  make  arrests  at  any  place  in  county 62  6 

Officer  to  arrest  forthwith  any  person  who  shall  in  his 

presence  commit  offense 56  3 

Duty  of  officer  making  arrest 56  3 

City  Constable  to  arrest  offenders 57  5 

Officers  making  arrest  may  summons  aid... 57  6 

Names  of  all  persons  arrested  furnished  city  attorney.  59  15 

Officer  to  search  party  arrested 60  23 

ASSAULT. 

Misdemeanor 123  3 

Any  person 123  3 

AUTOMOBILES. 

Definitions,  etc 119  1 

Automobile  number,  etc 119  2 

To  carry  lamps,  etc 119  3 

Use  of  automobile — consent  of  owner 120  4 

Duties  of  driver — to  give  right  of  way 120  5 

Same — to  give  warning 120  6 

Same — to  stop — when 121  7 

Speed  limit 121  8 

Automobile — interference  with,  etc 122  9 

Throwing  nails,  tacks,  etc 122  10 

License  required 122  11 

Penalty 122  12 

BILL  POSTERS. 

License  required 116  1 

Fire  limits 116  2 

Church  and  school  property;  indecent  pictures 116  3 

Waste  material,  etc.,  on  streets,  etc 117  4 

Mutilation  of  bills 117  5 

Prohibiting  posting  bills  on  certain  property,  etc 117  6 

License  fee  per  day 117  7 

Ordinance  not  to  apply  to  certain  business 118  8 

Annual  license  fee 118  9 

Penalty 118  10 

Other  ordinances  repealed 118  11 


2 


/ 


BONDS. 

City  council  authorized  to  issue  bonds 205  1 

Designating  denomination  of  bonds 205  2 

Bonds  to  be  paid,  when 206  3 

Council  to  create  an  “Interest  Fund” 206  4 

Council  to  create  a “Sinking  Fund” 206  5 

Surplus  sinking  fund  to  be  applied  on  future  installments. 207  6 

BUTCHERS. 

Butchers,  license  required 115  1 

Butcher,  defined 115  2 

Hawker  or  huckster,  not  to  sell 115  3 

License  required  to  sell 115  4 

Grocer,  selling  oysters,  lard,  etc 115  5 

Butchers,  not  exempt 115  6 

Penalty 115  7 

CITY  ASSESSOR. 

Oath 74  1 

Duties 75  2 

Salary 75  3 

CITY  ATTORNEY. 

Qualifications 67  1 

Duties 67  2 

Attend  council  meetings,  write  contracts  and  ordinances.  67  3 

Absence  or  other  inabilities  to  perform  duties 68  4 

Notice  in  condemning  property 68  5 

Affidavits  on  behalf  of  city 68  6 

Other  duties 68  7 

Salary 68  8 

CITY  AUDITOR. 

General  accountant  of  the  city 72  1 

Day-book,  journal  and  ledger 73  2 

Account  between  city  and  officers 73  3 

Record  of  warrants 73  4 

Audit  accounts 73  5 

Monthly  report 73  6 

Draw  warrants 73  7 

Balance  accounts 73  8 

Bond 74  9 

Claims  not  allowed 74  10 

Make  tax  books 74  11 

Salary.  . . . 74  12 

CITY  CLERK. 

Custodian  of  seal,  other  city  property 68  1 

Prepare  commissions 69  2 

Procure  stationery 69  3 

Publication  of  ordinances 69  4 

Record  of  ordinances  passed 69  5 

File  deeds 69  6 

Other  duties 69  7 

Bond 69  8 

Fees  for  writing  documents 69  9 

Not  to  permit  records  out  of  possession 70  10 

Charge  of  city  hall 70  11 

Minutes,  council  proceedings 70  12 

Bonds  for  dramshops 70  13 

Salary 70  14 

CITY  CONSTABLE. 

Qualifications  of  city  constable 56  1 

Bond 56  2 

Chief  of  police 56  3 


3 


Office  in  city  hall 56  4 

Arrests 57  5 

May  summons  assistance 57  6 

Feeding  of  prisoners 57  7 

Account  of  money  received ; 57  8 

Settlement  with  the  city  council 57  9 

Charge  of  city  prison 57  10 

Intoxicating  liquors  while  on  duty 58  11 

Provide  prisoner’s  register  and  charge  book 58  12 

Make  proper  entries  in  books 58  13 

Copy  of  books 58  14 

Furnish  the  city  attorney  names  of  witnesses 59  15 

Salary 59  ie 

CITY  ENGINEER. 

Qualifications 75  1 

Duties 75  2 

Information  concerning  the  grades  of  streets 75  3 

Salary 76  4 

Ex-officio  street  and  sidewalk  commissioner 76  5 

CITY  LIMITS. 

Prescribing  city  limits 47  1 

Extending  jurisdiction 49  2 

Extending  jurisdiction  of  ordinances 49  3 

CITY  TREASURER. 

Ex-officio  collector 70  1 

Bond.  . . 71  2 

Duties 71  3 

May  be  suspended  by  mayor 71  4 

May  protest  warrants 72  5 

Collect  licenses 72  6 

Register  licenses  collected 72  7 

Salary 72  8 

CITY  WEIGHMASTER. 

Chief  driver  to  be  ex-officio  weighmaster 79  1 

Duties  of  as  such 79  2 

Collections  and  monthly  reports 79  3 

COUNCIL. 

Meeting  of  and  order  of  business 43  1 

Standing  committees 46  29 

Fiscal  quarter 46  30 

Fiscal  quarter  shall  close 46  31 

COUNCILMEN. 

Oath  of  councilmen 55  1 

Duties  of  the  councilman-at-large 55  2 

Councilmen  to  be  fire  wardens,  exempt  from  jury  duty.  55  3 

Removal  from  ward  vacates  office 55  4 

No  councilman  to  hold  any  other  office  or  be  interested 

in  city  contract 55  5 

Duty  to  attend  meetings  of  city  council 56  6 

Salaries .' 56  7 

DOGS. 

License  tax  imposed Ill  1 

License,  tag  and  charge Ill  2 

Check  or  tag  on  collar Ill  3 

Removal  of  check  or  tag 112  4 

Clerk  to  have  custody  of  checks  or  tags 112  5 

License  year.  112  6 

Appointment  of  special  officer 112  7 

Dogs  to  be  killed,  fees 112  8 


4 


To  be  muzzled,  when 113  9 

Vicious  and  noisy  dogs 113  10 

Bitches  not  to  run  at  large,  when 113  11 

Exemptions 113  12 

Penalty 113  13 

ELECTIONS. 

Elections — when  held 50  1 

Officers  elected,  and  notice  of  election 50  2 

Election  districts 50  3 

Qualification  of  voters 51  4 

Judges  and  clerks  of  election 51  5 

City  clerk  to  provide  ballot  boxes  and  tally-sheets 51  6 

Ballots,  how  counted,  certificate  of  poll-books 52  7 

Vacancies  in  office — how  filled 52  8 

Persons  elected  to  fill  vacancies,  term  of  office 52  9 

Compensation  of  judges  and  clerks 52  10 

Inability  of  judges  or  clerks  to  process,  voters  to  select.  52  11 

Every  political  party  may  have  witness 52  12 

Announce  total  number  of  votes  polled 52  13 

Mayor’s  proclamation  and  inauguration  of  officers 53  14 

Canvas  of  voters,  notice  to  officers- elected 53  15 

Administering  oath  of  office 53  16 

ELECTORS. 

Qualifications  of  voter 51  4 

FIRE  DEPARTMENT. 

Creating  fire  department 80  1 

Appointments 80  2 

Appoint  chief  and  assistants 80  3 

Vacancy,  how  filled 80  4 

Department  under  control  of  chief  engineer 80  5 

Duties  of  assistant  engineer 81  6 

Duties  of  chief  driver  and  assistant  drivers 81  7 

Qualifications  of  members 81  8 

Meetings  of 81  9 

Drilling  of 81  10 

Salaries 81  11 

Roll  call 81  12 

Alarm,  report  to  chief  engineer 82  13 

May  take  water  from  any  well 82  14 

May  tear  down  or  blow  up  buildings 82  15 

Police  force 82  16 

Right-of-way 82  17 

Not  to  run  over  hose 82  18 

Department  may  adopt  by-laws 83  19 

Members  exempt  from  poll  taxes  or  jury  services 83  20 

Secretary  to  furnish  assessor  list  of  members 83  21 

Chief  to  make  purchases 83  22 

Intoxicating  liquors  not  allowed  in  engine  house 83  23 

Disorderly  conduct  not  allowed  in  engine  house 83  24 

Loafing  not  allowed  in  engine  house 84  25 

Property  of 84  26 

Chief  and  assistant  chief,  salary  of 84  27 

FIRE  LIMITS. 

Extent  of  fire  limits 149  1 

Buildings  in 149 

May  remove  from  place  to  place 150  3 

Shall  not  repair  frame  buildings 150  4 

Fire-places,  etc.,  how  built 150  5 

Fires  near  buildings 150  6 

Fires  in  streets,  etc 150  7 

Chimneys 151  8 


Combustible  substance  not  to  be  stacked  within  fire 

limits 151 

Care  of  fires 151 

Dilapidated  or  damaged  buildings 152 

Proceedings  to  condemn 152 

Compensation  provided 152 

Taken  down  by  chief  of  fire  department 152 

May  remove  such  property  without  summons  or  condem- 
nation proceedings 152 

Penalty 152 

Unlawful  to  set  fire  to  hay,  straw,  etc 153 

FLAGMAN. 

Flagman  and  electric  light  at  Elm  street  crossing 148 

Duty  of  flagman 148 

Signal  from  flagman,  rate  of  speed ..149 

Penalty  as  to  railway  companies 149 

Penalty  as  to  persons 149 


FRANCHISE. 

Granting  privilege  of  erecting  gas  and  electric  works  in 

the  city 207 

Company  authorized  to  use  streets,  alleys,  sidewalks, 

bridges  and  public  grounds 208 

Laying  of  mains,  pipes,  etc 208 

Authorizing  People’s  Gas  and  Electric  Company  to  con- 
struct gas  and  electric  works — city  to  subscribe  for 

lights,  numbers 208 

Company  to  erect  electric  lamps  free  of  expense  to  city 

— city  to  pay  $3,000  per  year  for  lights 209 

This  ordinance  conditioned,  on  what 209 

Failure  of  company  to  supply  good  quality  of  gas — rights 

of  company 200 

Company  to  extend  mains,  when 210 

Company  to  be  liable  for  damages  to  persons  or  prop- 
erty by  neglect  of  itself  or  employes 211 

Ordinance  to  take  effect  from  and  after  its  passage  and 

acceptance  by  company — company  to  file  bond 211 

Granted  franchise  for  20  years — telephone  exchange.  .. 211 

Poles,  where  placed 212 

Poles,  material  of — height  of  wire 212 

Excavating — street  restored  to  former  condition 212 

Power  of  city  to  change  location  of  poles — how 212 

Wire  raised  to  .permit  structures  to  pass  under — how... 213 

Company  bound  to  comply  with  ordinances  of  city 213 

Company  to  keep  all  poles,  wires  and  all  other  fixtures 

in  repair 213 

Company  to  pay  the  city  2 per  cent  of  its  gross  receipts 

— Low  estimated — In  lieu  of  special  taxes 213 

City  to  have  four  free  phones,  and  use  of  poles  to  oper- 
ate a fire  alarm  system 214 

Maximum  rate 214 

City  not  to  discriminate  in  granting  further  franchise. . 215 
Acceptance  by  company 215 


HEALTH  DEPARTMENT. 

Appointment  of 84 

Establish  board  of  health 84 

City  clerk  to  notify 84 

President  and  clerk 85 

General  supervision  over  public  health 85 

Physician  for  city  hospital 85 

Sanitary  inspector 85 

Abatement  of  nuisances 86 


6 


Fence  up  streets 

Powers  of 

Complaint  how  made 

Nuisances  entered  on  proper  book 

Notices  how  signed  and  served 

Not  to  affect  other  powers ^ 

Persons  coining  from  other  places,  where  any  infectious 

disease  may  be  raging 

Physician  to  report  to  secretary 

Physician  to  report  death  to  secretary 

Duty  of  mid- wife 

Penalty 

Salary  of  health  officer 

Salary  of  members 


86 

87 

88 
88 
89 
89 


89 

90 
90 
90 

90 

91 
91 


MAYOR. 

Qualifications  and  oath  of  office 

Has  general  supervision  over  city  officers 

Shall  report  to  city  council  any  neglect  of  duty 

See  that  ordinances  are  enforced 

May  make  arrests 

May  remove  paupers 

Appointment  of  officers 

What  officers 

Preside  at  meetings  of  city  council 

Salary 


53 

53 

54 
54 
54 
54 
54 

54 

55 
55 


MEAT  SHOPS. 

Must  have  shop,  building  or  stall 114 

Meat  shop  must  be  clean — decayed  meat  not  to  be  sold.  114 
City  constable  shall  inspect . ... 114 


LICENSES. 

Levy  on  sundry  business 102 

Porters,  runners  or  drummers # 103 

Carriages,  hacks  or  omnibuses * 103 

Drays,  transfers  or  job  wagons 104 

Waggonettes  and  tallyhos 104 

Carriages  for  special  occasions 104 

Regulating  charges  for  transporting  persons. 104 

Regulating  charges  for  transporting  goods,  wares  and 

merchandise 104 

Vehicle  subject  to  license  under  this  ordinance 104 

Dray  license  on  public  occasions 104 

Vehicle  to  have  name  of  owner  thereon 105 

But  one  vehicle  to  run  under  same  license 105 

Billiard  tables — not  to  permit  minors  to  play  thereon.  . . .105 

Hotels  and  boarding  houses 105 

Popcorn,  lemonade  and  lunch  stands,  baby  rack,  cane 

rack  or  knife  board 106 

Circuses 106 

Museums 106 

Mercantile  agent  defined 106 

Unlawful  to  act  as  insurance  agent  without  company  has 

license 107 

Unlawful  to  act  as  express  agent  without  company  has 

license 107 

Masquerade  balls 107 

Rope  walking 107 

Hand  organ,  music  box,  etc 107 

Punch  and  Judy 108 

Opticians  or  oculists,  transient — telescopes,  lung  testers, 

muscle  developers  or  magnifying  glasses 108 

Fortune  tellers 108 


9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 


1 

2 x 

g 

4 

5 

6 

7 

8 
9 

10 


1 

2 


1 

2 

3 

4 

5 

6 


8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 
21 
22 

23 

24 


25 

26 


\ I i)  r.  u i 


7 

Peddlers 109  27 

Peddlers  defined 109  28 

Commission  merchant  defined 109  29 

Hawker  defined 109  30 

Transient  or  auction  stores 109  31 

Not  to  deal  in  coal,  coke,  or  wood  without  license 110  32 

Unclaimed  goods  of  express  companies 110  33 

License  year 110  34 

To  pay  for  year 110  35 

Penalty Ill  36 

License  subject  to  ordinances  of  city 218  1 

Licenses  not  transferable 218  2 

Granted  not  to  exceed  one  year.  Treasurer  may  grant 

— when 218  3 

Treasurer  to  receive  all  money  for  licenses 218  4 

Clerk  to  give  list  to  treasurer — prosecution  by  city  attor- 
ney  218  5 

License  year 219  6 

To  pay  for  year 219  7 

MISDEMEANORS. 

Unlawful  assembly 123  1 

Disturbing  the  peace,  etc 123  2 

Disturbing  religious  or  other  assembly 123  3 

Drunkenness  an  offense 124  4 

Fast  driving  and  leaving  animal  unfastened 124  5 

Cruelty  to  animals 124  6 

Leaving  animals  tied  on  street 125  7 

Animals  running  at  large 125  8 

Feeding  animals  in  street 125  9 

Riding  or  driving  upon  sidewalks 125  10 

Not  to  hitch  to  trees,  fences,  etc.... 126  11 

Fast  driving  in  cemetery 126  12- 

Discharging  fire-arms  or  hunting  in  cemetery 126  13 

Damage  to  cemetery 126  14 

Who  may  be  sent  to  Industrial  Home 126  15 

Intoxication  on  Industrial  Home  grounds  or  streets  ad- 
jacent thereto 127  16 

Trespassing  upon  Industrial  Home  grounds 127  17 

Gunpowder  within  the  limits  of  the  city 127  18 

Quantity  of  gunpowder 127  19 

Destroying  monuments  and  cornerstones 128  20 

Competent  person  run  steam  engine 128-  21 

Grass  in  park  or  school  grounds 128  22 

Playing  in  streets,  etc.,  not  allowed 128  23 

Impairing  buildings,  posts,  etc 128  24 

Obstructing  sidewalks,  streets,  avenues,  lane,  alley,  street 

crossing  or  other  public  grounds 129  25 

Eave  pipes  and  sidewalks 130  26 

Persons  congregating  on  sidewalks  and  streets 130  27 

Collecting  crowd  by  sale 130  28 

Thowing  rice,  etc 130  29 

Cellar  doors,  etc.,  uncovered 131  30 

Persons  on  street  after  night 131  31 

Trespass  upon  private  property 131  32 

Causing  dogs  or  other  animals  to  fight 131  33 

Climbing  on  moving  cars 131  34 

Running  of  trains 132  35 

Trains  obstructing  crossings 132  36 

Public  indecency,  obscene  books,  etc 132  37 

Falsely  representing  self  to  be  an  officer 132  38 

Selling  cigars  and  tobacco  to  minors 133  39 

Barbed  wire,  spikes,  etc.,  on  streets  prohibited 133  40 

Bringing  paupers,  lunatics,  etc.,  into  the  city 133  41 


8 

Loafing  on  street  corners,  etc 133  42 

Firecrackers,  shooting 133  43 

Discharge  of  fire  arms 134  44 

Stallions,  jacks  and  other  male  animals 134  45 

Sabbath  breaking 134  46 

Sunday  shows 134  47 

Barbering  on  Sunday 135  48 

Selling  goods  on  Sunday 135  49 

Horse  racing,  etc.,  on  Sunday 135  50 

Disorderly  house  and  place  of  business 135  51 

Carrying  concealed  weapons 135  52 

Escaping  from  custody 136  53 

Vagrancy 136  54 

Intoxicating  liquors,  sale  by  druggists 136  55 

Cheat,  swindles,  etc 137  56 

Desertion  or  exposure  of  children ...137  57 

Putting  dead  animals,  etc.,  in  wells 138  58 

Sale  of  spoiled  meat,  etc 138  59 

Adultery,  etc 138  60 

Gambling  and  bawdy  houses 138  61 

Betting  on  games 138  62 

Throwing  dice,  etc.,  and  betting  thereon 139  63 

Owner  permitting  gambling  device  on  premises,  penalty.  139  64 

Keeping  gaming  device 139  65 

Leasing  houses  for  gaming  and  other  immoral  purposes.139  66 

Who  deemed  keeper  of  gaming  and  other  houses 140  67 

Who  may  testify  in  proceedings  against  gambling 

houses .140  68 

Inmate  or  boarder  in  bawdy  house 140  69 

Frequenting  bawdy  houses 140  70 

Pimps  and  procurer 140  71 

Licentious  conduct  forbidden 141  72 

Renting  rooms  for  fornication 141  73 

Reputation  of  house  in  evidence 141  74 

Obstructing  stairway 141  75 

Spitting  on  sidewalk 141  76 

Soliciting  on  platform 141  77 

Driving  vehicles  or  train  over  hose 142  78 

NUISANCES. 

Unlawful  to  permit  nuisances 142  1 

What  declared  nuisances 142  2 

Hanging  meat  in  street 144  3 

Throwing  slops,  etc 144  4 

Obstructing  sewers 144  5 

Slaughtering  in  city  limits 144  6 

Keeping  of  animals,  in  pens,  etc 144  7 

Dead  animals 144  8 

Dragging  dead  animals  in  street 145  9 

Putrid  fish,  etc 145  10 

Killing  calf — age,  etc 145  11 

Diseased  animals 145  12 

Killing  or  selling  diseased  animal  for  food 145  13 

Weeds — a nuisance 145  14 

Shade  trees 146  15 

Snow  and  ice ..146  16 

Privies 146  17 

Gates,  etc 146  18 

Hog  pens 146  19 

Nuisances — abatement,  etc 146  20 

Cost  against  property 147  21 

Penalty 147  22 

Separate  offense 148  23 

Duty  of  constable 148  24 

Right  to  go  on  premises 148  25 


OFFICERS. 

Officers  in  city  hall 78 

May  be  removed  from  office 79 


ORDINANCES. 

Authorizing  the  revision 219 

To  compile  and  revise 219 

Ordinances  to  be  numbered 220 

Amended  ordinances 220 

Sections  renumbered — indexes 220 

Contracts — legal  proceedings,  etc.,  not  affected 221 

Ordinance  with  penalty  provisions,  and  other  sections 

wherein  penalty  clause  may  have  been  omitted 221 

Ordinances  passed  after  this  ordinance 222 

People’s  Gas  & Electric  Company 222 

Council  to  examine  ordinances,  etc 222 

Authentication  of  ordinances — revision 223 


PAVING. 

Resolution — kind,  quality  and  dimensions  of  the  material 
estimates  of  cost — publication  of — resident  owners 

remonstrate 180 

Cost  of  grading  and  excavating  paid  by  city 181 

Plans,  specifications  and  estimates  by  city  engineer — 
approved  by  council — cannot  contract  for  more  than 

estimate 181 

Estimate  to  contain  name  of  property  owner  and  descrip- 
tion thereof 181 

Resident  property  owners  may  remonstrate  within  ten 
days  after  passage  and  publication  of  resolution — - 
if  no  remonstrance  is  filed,  council  to  pass  ordinance 

calling  for  improvement 182 

Auditor  to  advertise  for  bids — price  not  to  exceed  esti- 
mate— contract — bond 182 

City  engineer  to  oversee  work — report  progress — approved 

by — certify  to  council 183 

Property  belonging  to  city,  subject  to  assessment  for  im- 
provement  183 

Abutting  property  to  be  taxed — each  block  assessed  sep- 
arately— lien  on  property 183 

Special  tax  bill — city  not  liable 183 

Special  tax  bill  made  by  city  engineer — assessment,  each 
block  separately — description  of  property  and  name  of 
owner — signed  by  mayor,  attested  by  city  clerk....  184 
Special  tax  bill  registered  by  city  clerk — delivered  to  con- 


tractor— receipt  in  full 184 

Special  tax  bill  to  bear  interest — a lien  on  property — 

may  be  paid  in  three  annual  installments 184 

Special  tax  bill  assignable — action  on---city  not  liable  for 

cost — prima  facie  evidence -. 185 

Council  to  approve  work — ordinance  not  retroactive.  ...  185 


PAVING;  RAILROAD  CORPORATION. 

Duty  of  railroad  to  improve  crossings,  etc 186 

Railroad  to  be  served  with  notice 186 

Notice,  howT  served 187 

Railroad  failing  to  make  improvements,  city  to  let  con- 
tracts  187 

City  engineer  to  submit  plans,  specifications 187 

City  auditor  to  advertise  for  bids 188 

Railroad  to  pave  right  of  way  at  street  crossing 188 

City  engineer  to  oversee  and  approve  work 189 

To  assess  and  levy  tax  against  R.  R.  property 189 

To  issue  tax  bills,  right  to  sue  on  same 198 


10 


POLICE  JUDGE. 

Court 61  1 

Jurisdiction 61  2 

Absent,  mayor  shall  act 61  3 

Action  shall  be  brought  in  corporate  name 61  4 

Information.  . 62  5 

Warrants.  . 62  6 

Hear  charges'  forthwith 62  7 

Parties  arrested  may  give  bond 62  8 

Forfeiture  of  bond 63  9 

Jury  trial f 63  10 

When  demanded 63  11 

Amendments 63  12 

Not  necessary  to  subpoena  witnesses 63  13 

Subpoena  witnesses,  attachment 64  14 

Information  may  include  more  than  one  person 64  15 

Judgment 64  16 

Work  on  street 64  17 

Discharged  on  payment  of  fine  and  costs 65  18  • 

Appeal 65  19 

Certified  to  Circuit  Court 65  20 

Charges,  without  probable  cost 65  22 

Depositions 66  23 

Administer  oaths 66  24 

Reports 66  25 

Costs 66  26 

Refusing  to  prosecute 66  27 

Bond  of  police  judge 67  28 

Police  judge,  city  recorder 67  29 

Salary 67  30 

POLICEMEN. 

Patrol  city 59  17 

Assist  dity  constable 59  18 

Not  to  drink  intoxicating  liquors 60  19 

Not  to  accept  reward 60  20 

Must  be  qualified  voters 60  21 

Alarm 60  22 

Search  parties  arrested 60  23 

Not  to  communicate  information i 60  24 

Salary 61  26 

Salary 61  26 

REVENUE. 

Object  of  taxation 91  1 

To  be  assessed  at  cash  value 91  2 

Property,  how  assessed 91  3 

Persona]  exempt  from  taxation 92  4 

Auditor  to  deliver  books  for  land  assessment 92  5 

Auditor  to  deliver  books  for  personal  property 93  6 

Return  by  assessor 94  7 

Notice  by  assessor 95  8 

Council  to  sit  as  court  of  equalization 95  9 

Confirmation  of  books,  council  make  levy 96  10 

Auditor  to  extend  taxes — Auditor  to  deliver  tax  books, 

form  o£  warrant 96  11 

Taxes  when  due,  collector  to  give  notice 98  12 

Collector  shall  demand 98  13 

Taxes  become  delinquent,  when 98  14 

If  not  paid  after  demand,  to  collect  by  sale 99  15 

Duty  of  collector  to  return  delinquent  list — auditor  to 

make  back  tax  books 99  16 

Collector  shall  return  back  tax  book 99  17 

Auditor  to  make  back  taxes  into  a consolidated  back 

tax  book 100  18 


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What  taxes  included  in  book 100  19 

Collector  to  collect  taxes — has  power  to  employ  attorneys 

—fees 100  20 

Suits  how  prosecuted,  tax  bills,  etc 100  21 

Judgment 101  22 

Sheriff  to  execute  deed  to  purchaser 101  23 

Assessment  lien  on  property 101  24 

Not  to  invalidate  suits  or  proceedings 102  25 

SEWERS. 

City  divided  into  sewer  districts 157  1 

Designating  public  sewers 158  2 

Power  to  construct 160  ' 3 

District  sewers — private  sewers 160  4 

Constructed  under  supervision  of  street  commissioner 

and  city  engineer — contract  let  to  lowest  bidder..  160  5 

Constructed  on  petition  of  the  majority  of  the  property 

owners  of  the  district 161  6 

SIDEWALKS,  CONSTRUCTION. 

Power  to  cause  sidewalk  to  be  built 190  1 

Cost  to  be  paid  by  owner  of  property,  lien 190  2 

City  engineer  to  make  estimate  of  cost 190  3 

Sidewalks  to  conform  to  established  grade 191  4 

Shall  condemn  old  sidewalk,  when  same  removed  by 

city 191  5 

Dimensions,  material  and  size 191  6 

Width  of  sidewalk,  shall  be  uniform 193  7 


Shall  advertise  for  bids;  awarding  of  contract;  bond..  194  8 

Cost  to  be  computed;  special  tax  bill  to  issue  against. . .194  9 

Property  liable  for  costs;  acceptance;  tax  bill;  lien  on 
property;  to  draw  interest;  suits  on  tax  bills;  city 


not  liable  for  costs 195  10 

Corner  lots;  owner  liable  for  costs 196  11 

To  readvertise  when  no  bids  received 196  12 

City  to  construct  sidewalk,  when,  etc 196  13 

Tax  bills  to  be  registered;  delivered  to  contractor;  re- 
ceipt  197  14 

Special  tax  bill  to  be  made  by  city  engineer,  etc 197  15 

Special  tax  bills;  how  paid,  etc 198  16 

All  sidewalks  to  be  built  according  to  requirements 

named  in  this  ordinance 199  17 

Deed  by  collector .* 199  18 

Not  to  invalidate  any  contracts,  etc 199  19 

SIDEWALKS,  REPAIRING. 

Duty  of  owner  to  keep  in  repair;  engineer  to  report  to 

council;  resolution,  etc 199  1 

Resolution;  how  served 200  2 

If  the  resolution  cannot  be  served  personally,  to  be  by 

publication 200  3 

Tax  bill  attested  by  city  clerk;  city  collector  to  collect; 

if  not  paid  in  30  days  sued  on  by  city  attorney. . 200  4 

Tax  bill  prima  facie  evidence 201  5 

Suits,  how  brought 201  6 


SIDEWALKS,  CONSTRUCTION;  MISDEMEANOR,  WHEN. 

Unlawful  to  build  sidewalks  different  from  plans  and 

specifications  contained  in  ordinance  No.  24 202  1 

Persons  violating  ordinance;  prosecution;  misdemeanor. 202  2 

Separate  offense,  when 203  3 

To  erect  barriers  across  walk;  failure;  offense;  penalty. 203  4 

Defacing  sidewalk;  penalty 203  5 

Penalty 204  6 


12 


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STREETS— Ol’ENTNG  OP. 

Police  judge  shall  empanel  a jury 154  1 

Jury  summons  and  challenge 154  2 

Police  judge  shall  preside,  administer  oaths 154  3 

DAMAGES. 

How  assessed,  verdict  of  jury,  etc 154  4 

Notice  shall  specify  time,  date  of  ordinance 155  5 

Assessment — a lien — how  collected 156  6 

Either  party  the  right  to  appeal : 156  7 

Compensation  of  jury 156  8 

The  verdict 156  9 

Council  to  order  street  opened !..156  10 

GRADES  OF. 

Establishing  a city  directrix,  or  controlling  elevation  for 

establishing  the  grades  of  streets,  alleys,  etc 163  1 

Establishing  grade  of  streets,  sewers,  sidewalks,  etc.,  at 

their  intersection — elevations,  watertable 163  2 

Improvement  to  be  on  established  grade 177  1 

Brought  to  established  grade 177  2 

Brought  to  sub-grade  for  paving 177  3 

Specification  and  estimate  of  grading 178  4 

Advertise  for  bids — certified  check — contract,  bond 178  5 

City  engineer  to  oversee  all  work — report  progress — ap- 
proved by — certify  to  council 179  6 

To  be  received  and  approved  by  city  council 179  7 

City  to  pay  for  improvement  upon  completion  of  work — 

appropriation 179  8 

EXCAVATING  IN. 

Not  to  make  excavations  in  streets  without  permission. . 175  1 

Deposits  required 175  2 

Estimate,  plans  and  specifications  required — street  com- 
missioner to  make  excavation  if  in  improved  street.  176  3 

To  fence  and  light  excavations 177  4 

Penalty 177  n 

STREET  COMMISSIONER. 

Bond 76 

Inventory 76 

Under  control  of  council 76 

Duties 77 

Supervision  over  streets 77 

Monthly  reports 77 

Not  to  be  interested  in  contract 77 

Work  prisoners 78 

Wages  to  be  paid  for  labor 78 

Salary 78 

TELEPHONE  COMPANY. 

Permission  to  excavate  in  certain  streets 215 

Same;  right  to  construct  manholes,  city  right  to  use 

conduits..  216' 

Same;  right  to  excavate  whenever  necessary 217 

Right  to  connect  with  public  sewers 217 

Shall  restore  streets  to  proper  condition 217 

WARDS. 

Subdividing  city  into  wards 49  1 

Repealing  ordinances  subdividing  city  into  five  wards...  50;  2. 


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